CHAMPA KUMARI GUPTA Vs. UT OF J. &K.

JUDGEMENT

(1.) Through the medium of afore-titled four petitions filed under Sec. 482 CrPC, the petitioners have challenged FIR No. 0013/2021 for offences under Ss. 420/120-B RPC registered with Crime Branch, Jammu. Since all the petitioners have challenged the same FIR, as such, these petitions are being taken up together for their disposal.

(2.) The impugned FIR owes its origin to a written complaint lodged by the complainant/respondent No.2 with respondent No.1-Crime Branch, Jammu on 4/3/2021. As per the allegations made in the said complaint, petitioners Rakesh Kumar Gupta and Ravinder Gupta introduced respondent No.2/complainant to petitioner Champa Kumari somewhere in the month of June, 2012 and represented that she is owner of a residential house bearing No. 20/2ndExt. Gandhi Nagar,Jammu built over land measuring 01 kanal and that she is intending to sell the said House. It was alleged that complainant expressed his willingness to purchase the said house. Accordingly, sale consideration was settled at Rs.1,92,00,000.00. It was further alleged in the complaint that an Agreement to Sell was executed between the complainant and petitioner Champa Kumari on 30/7/2012 and at that time she received an amount of Rs.45,00,000.00 as token money from the complainant. It was agreed that balance amount of Rs.1,47,00,000.00 shall be paid within 90 days, failing which, the complainant was to forfeit the amount paid by him in advance and in case of failure of petitioner Champa Kumari to execute the necessary documents, the complainant was to get refund of double the amount of advance. It was further stated in the complaint that the complainant was taken ill for a considerable period of time and when he recovered, he asked the above named petitioners to execute the Sale Deed, but they avoided to do so. The complainant came to know that the accused persons had transferred the said property in the name of some third person and, as such, they have deceived him.

(3.) The respondent-Crime Branch, after conducting preliminary verification, found that petitioners Rakesh Kumar Gupta, Ravinder Gupta and Champa Kumari have cheated the complainant in furtherance of a criminal conspiracy and have duped him of money amounting to Rs.1,92,00,000.00. It was, prima facie, found that they have committed offences under Ss. 420/120-B RPC. Accordingly, the impugned FIR came to be registered.