KEHAR SINGH KHACHI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Present petition has been preferred against impugned order dated 27.05.2016, passed by learned Additional Chief Judicial Magistrate (1), Shimla, H.P., in case titled as State vs. Kehar Singh Khachi, FIR No.341 of 2015, dated 21.12.2015, registered in Police Station, Sadar, Shimla, by respondent No.2-complainant, whereby learned Magistrate has taken cognizance under Section 173 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.') for alleged commission of offence punishable under Section 420 read with Section 34 of the Indian Penal Code (in short 'IPC') and notices have been issued to the petitioners.

(2.) Prosecution case, in brief, is that petitioners had shown a big vacant plot situated in Shimla to respondent No.2- complainant, available for sale and petitioner No.1 disclosed to respondent No.2 that the said land was owned by different persons and he was holding Power of Attorney of some of such owners and he had also shown General Power of Attorney(s) to respondent No.2- complainant, executed in his favour. As respondent No.2- complainant and her husband were interested to purchase a plot for construction of their residence, complainant, being persuaded by the size of vacant piece of land, readily agreed to buy the said plot and for purchasing the said plot an amount of Rs. 1,00,70,000/- was transferred by respondent No.2-complainant to petitioner No.1 during October 2008 to July 2011. During this period, some sale deeds were also executed through petitioner No.1, in favour of complainant for a land worth Rs. 70,00,000/-.

(3.) It is further case of the prosecution that petitioner No.1 had also executed a sale deed in favour of his son (petitioner No.2 herein) for sale consideration of Rs. 18,00,000/- with respect to a piece of land out of the vacant land shown to the complainant on 19.07.2011 and thereafter, when petitioner No.1 demanded more money for purchasing remaining land, respondent No.2-complainant had reminded him that total amount of Rs. 97,70,000/- had already been received by him and, therefore, no more money could be paid to him, as only a sum of Rs. 70,00,000/- had been spent for purchasing four pieces of land.