JASPAL SINGH RANDHAWA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present petition under Section 482 of the Code of Criminal Procedure is for quashing of FIR No. 141 dated 20.09.2014 (Annexure P/16) under Sections 420, 408 and 120-B IPC registered at Police Station Division VII, Jalandhar.

(2.) Facts relevant for the purpose of decision of the present petition; that the petitioner alongwith other members of a Cooperative House building society namely, Graduate Employees Co-operative House Building Society Ltd. (for short, "the Society"). The Society purchased 5 acres of land and the desirous members had deposited Rs.,4,000/- each in 1 of 14 .. the first installment and Rs.32,000/- in second installment according to the size of the plots. Swaran Singh, respondent No.2 (complainant of this case) was one of the members of the Society and had deposited Rs.4,000/- on 13.1.1982 vide receipt No. 157 and Rs.32,000/- on 5.3.1982 vide receipt No. 527 and his name was also mentioned in the record along with other members of the Society. Present petitioner, Jaspal Singh Randhawa was Secretary of the Society. As per the petitioner, after deposit of the amount, respondent No.2 had not completed the documents and had not received allotment letter of any plot. As such, the Managing Committee of the Society, on 2.6.1994 initiated enquiry into the matter as to whether allotment of plot in the name of Swaran Singh was a benami transaction. Pursuant to the meeting held on 10.11.1996, a letter was issued to Swaran Singh to verify the fact and for cancellation of plot and allotment of the same to some other member. On 25.11.1996, the Managing Committee authorized the petitioner to get the execution of sale deed and mutation in case of any member wanted to get the sale deed of his plot executed.

(3.) As per the petitioner, various intimations were sent to Swaran Singh including registered cover letter dated 20.4.1997 (Annexure P/6) at the address i.e., 126, New Grain Market, Jalandhar, but the same was received back with the report that no such person was residing at the given address. However, respondent no.2, Swaran Singh did not bother to approach the Society for allotment of plot in his favour for a period of over 15 years. The Managing Committee, vide resolution dated 2.5.1997 (Annexure P/7) cancelled the allotment of plot No. 44 reserved in favour of 2 the Society and allotted the same to Manmohan Singh having membership No. 132.