KEWAL KRISHAN KOHLI Vs. STATE

JUDGEMENT

(1.) PETITIONER in this petition under Section 561a Cr. P. C. seeks quashment of FIR No. 182 of 2007 dated 17. 5. 2007 registered with Police Station, gandhi Nagar, Jammu for offences under sections 415/420 RPC.

(2.) FOR understanding the controversy involved in this petition, the brief resume of the facts is necessary.

(3.) A complaint titled Gheetin Singh v. Kewal Krishan Kohli was filed by complainant-respondent No. 3 before Chief Judicial magistrate, Jammu under Sections 415/420 rpc, which came to be transferred to the court of learned Sub-Registrar, Jammu on 30. 4. 2007, who on examination, returned the same in original to the SHO Police Station, gandhi Nagar, Jammu i. e. respondent no. 2 under Section 156 (3) RPC for investigation under law. The allegations levelled in the complaint were that an agreement to sell was executed by the petitioner in favour of the complainant-respondent No. 3 for sale of House No. 20 B/c Gandhi Nagar, Jammu for an amount of Rs. 69,00,000 and in lieu of that an amount of Rs. 49,00,000 was received by the petitioner from complainant-respondent No. 3 which was acknowledged at the back of the said agreement executed between them. After receiving the aforesaid amount a General Power of Attorney came to be executed on 29. 7. 2000. In para No. 2 of the agreement to sell, it has been specifically mentioned that the property in question is free from all encumbrances and charges. Subsequently it was revealed that the petitioner accused much before the execution of agreement to sell, had mortgaged the property in question in favour of Canara bank and had obtained a loan of Rs. 14,00,000. This fact came to the notice of complainant-respondent No. 3 when he came across the information that a civil suit was pending in the court of learned Additional district Judge (Bank Cases) Jammu wherein the factum of mortgage of the house in favour of Canara Bank has been projected. Complainant-respondent No. 3 alleges that the petitioner after having known that the property was mortgaged to the canara Bank, wilfully executed the agreement to sell and received an amount of Rs. 49,00,000 with the intention to cheat him. For this act of the petitioner, FIR No. 182 of 2007 was registered with the Police Station, gandhi Nagar, Jammu.