M.S. JAMWAL Vs. OM PARKASH

JUDGEMENT

(1.) THIS revision has been directed against the order dated 21.5.2011 passed by Judicial Magistrate 1st Class, Jawali in private Complaint No. 322 -IV/2010, prayer has been made for setting aside the order dated 21.5.2011. The facts, in brief, are that petitioner filed complaint against the respondents for offences punishable under Sections 420, 468 read with Section 34 IPC. It has been alleged that respondents No. 1 to 5 had conspired and cheated the mother of the petitioner and also dishonestly persuaded the petitioner to sign as a witness to the sale deeds executed by the General Power of Attorney holder of the mother of the petitioner in favour of respondents No. 2, 3 and 4 on 27.8.2004.

(2.) IT has been alleged that mother of the petitioner is an extremely aged woman, asked the petitioner to accompany her son and General Power of Attorney holder Ranvir Singh as he was to execute two sale deeds in favour of respondents No. 2 to 4 in respect of an area measuring 76 Kanals and 56 Kanals respectively at Mauja Bahadpur, Tehsil Fatehpur.

(3.) THE petitioner and his mother after the execution of the sale deeds came to know that respondents No. 2 to 4 had been put in possession of 100.97 Kanals of land and 74.40 Kanals of land respectively by respondent No. 1 after giving demarcation. The petitioner requested the Deputy Commissioner, Kangra to direct the Tehsildar, Fatehpur to examine the record and to call for a report since the petitioner believed that purchasers had taken possession of more land than they had purchased. The respondent No. 1 submitted a vague reply. The petitioner made an application before the Sub Registrar for cancellation of the sale deeds, which was dismissed in default.