BARKAT RAM Vs. ROHIT SHARMA

JUDGEMENT

(1.) The present petition has been filed under section 561-A CrPC (now 482) by the petitioners for quashing of the complaint, Rohit Sharma vs Barkat Ram and others under sections 420 and 120-B RPC and the order dated 22.05.2017 passed by the 1 st Additional Munsiff (Forest Magistrate), Jammu (hereinafter to be referred as the trial court) by virtue of which cognizance has been taken and process has been issued against the petitioners, primarily on the grounds that a civil dispute has given a criminal colour just to harass the petitioners.

(2.) The facts which are necessary for the disposal of the present petition are that a complaint has been filed by the respondent against the petitioners under sections 420 and 120-B RPC. It was stated in the complaint that the petitioner No. 2 had pretended to the respondent that the land measuring 04 kanals and 01 marla comprising under khasra No. 1446 situated at village, Raipur Domana, Jammu belonged to petitioner Nos. 1 and 3 who were the real brother of petitioner No. 2 and further that the petitioner Nos. 1 and 3 are the owners in possession of the above said land. The respondent along with Surinder Kumar met the petitioner Nos. 1 and 3 along with petitioner No. 2 at their residence and a deal was struck between the complainant/respondent and the petitioners on 06.04.2017 at the shop of petitioner No. 2 and at that point of time, the petitioners insisted for some advance money from the respondent/complainant. The respondent asked his cousin, Surinder Kumar to give the advance money in the shape of three cheques and one cheque amounting to Rs. 1.00 lac dated 06.04.2017 was given to petitioner No. 1, another cheque of the same amount to the petitioner No. 3 and the cheque amounting to Rs. 50,000/- was given to petitioner No. 2 on the same date. Thereafter the respondent's friend, Nasib Ali also wanted to invest some money in the property business and as such, the respondent who was short of financial resources agreed for the same, as almost Rs. 80 lacs was the consideration amount for the above said land that was to be paid to petitioner Nos. 1 and 3 after development and sale of the plots on spot.

(3.) On 08.04.2017, on the insistence of the respondent, the petitioner Nos. 1 and 3 came to the court premises at Janipur where an agreement to sell dated 08.04.2017 was executed and registered between the respondent, his friend, Nasib Ali and the petitioner Nos. 1 and 3.