SOMEER MEHTA Vs. COL. PREM VIR SINGH

JUDGEMENT

(1.) THIS petition under Section 482 Cr.P.C. has been filed for quashing order dated 27.05.2011 and proceedings in Criminal Complaint No. 252-2 of 2010 pending in the Court of learned Chief Judicial Magistrate, Shimla, under Sections 406, 420, 120-B IPC. The facts, in brief, are that respondent No.1 has filed complaint under Sections 406, 420, 120-B IPC against petitioners and respondent No.2 which is pending in the Court of learned Chief Judicial Magistrate, Shimla. On 27.05.2011, the petitioners and respondent No.2 have been summoned under Sections 406, 420 and 120-B IPC.

(2.) THE case set-up by the complainant is that petitioner No.1 contacted him in July, 2008 and represented that he can get the Flat No.A-1, Block-10, Housing Board Colony, Shimla, owned by respondent No.2 sold to complainant as petitioner No.2 was authorized attorney of respondent No.2 owner and entitled to sell the flat. On the assurance of petitioner No.1, the complainant was induced to pay Rs. 1,00,000/- to petitioner No.1. THE complainant was assured that deal would be concluded by 30.08.2008. THE payment of Rs. 1,00,000/- was made by self-bearer cheque No.313861 dated 24.07.2008 drawn on Oriental Bank of Commerce, Shimla.

(3.) ON 24.12.2008, the parties went to District Court Complex and non-judicial stamp worth Rs. 5/- was purchased for drawing up agreement to sell, draft agreement was got typed and given for proof reading. The General Power of Attorney was executed by respondent No.2 in favour of petitioner No.2. The complainant paid a sum of Rs. 1.10 lakhs in cash to petitioners on 24.12.2008 in A.D.C. Club, Shimla. The complainant in all has paid Rs. 2,00,000/-to petitioners and respondent No.2 towards the sale consideration.