SAROJ BALA Vs. KULDEEP SINGH AND OTHERS

JUDGEMENT

(1.) In this petition under Section 561-A Cr. P. C, the following prayer has been made:

(2.) The present proceedings emanate from a complaint filed by respondent No. 1 herein before the learned Judicial Magistrate (Sub-Judge), Jammu for offences punishable under sections 420/406 RPC. The allegations leveled in the complaint are that accused Manjeet Singh, respondent No. 2 herein, executed a sale agreement dated 07.12.2006 with respondent No. 3 in respect of a structure standing on land measuring 4544 SFT with dimensions 71' x 64', comprised in Khasra Nos. 146 and 213/min, situate at Bund, Lambert Lane, Srinagar, in consideration of payment of Rs. 9,00,000.00. On the same day, respondent No. 2 also executed a General Power of Attorney in favour of respondent No. 3 with authorization to sell the aforesaid land. Thereafter, on 26.09.2007, respondent No. 2 through his aforesaid Attorney, i.e., respondent No. 3, executed an agreement-cum-declaration deed relinquishing the aforesaid land measuring 4544 SFT in favour of one Javaid Ahmad Zahid to the extent of 40% and three other persons, namely, Kuldeep Singh (complainant), Chowdhary Mohammad Razak and Mrs. Mini Sehgal (wife of the Attorney holder) to the extent of 60% of the aforesaid land to be shared by them equally. The land at the time of all these transaction was subject matter of litigation between respondent No. 1 & others on the one hand and the Government of Jammu and Kashmir on the other, wherein respondent No. 2 and others had laid a claim that in terms of Government order passed in that behalf in 1981 they were entitled to proprietorship of the land in question on payment of half of the market price. That litigation was pursued upto the Supreme Court and finally culminated into a decision in favour of respondent No. 1 and others. The State Government ultimately vide order dated 08.07.2009 transferred the lease hold rights on proprietary basis in favour of respondent No. 2 & others on payment of price equivalent to half of the market price of Rs. 18.00 lack per Kanal.

(3.) It is stated by the complainant that he alone was entitled to deposit the cost of his portion of the land pursuant to Government order dated 08.07.2009, but the accused with criminal and dishonest intention of cheating him and committing breach of trust, initially revoked the authority of the complainant by notice dated 29.07.2010 and, thereafter, deposited the price of the land (in possession of the complainant) with the Government in pursuance of Government dated 8.7.2009 on 23.8.2010 and that all this has been done by the accused with a view to dispose of their entire land, including the land which belongs to the complainant and that the accused are vigorously negotiating with the prospective buyers. It is also alleged by the complainant that it is he who had incurred the litigation expenses to the tune of Rs. 50.00 lakhs on behalf of respondent No. 2 and others.