NAVEEN CHADHA Vs. KRISHAN LAL

JUDGEMENT

(1.) Through the instant petition filed under Sec. 561-A Crimial P.C. petitioner seeks quashing of the proceedings pending before the learned SubRegistrar (JMIC) Jammu in case titled, Krishan Lal Abrol vs. Naveen Chadha (file No.12/Complaint) as also order dated 08.03.2014, whereby the process has been issued and order dated 08.09.2015 whereby the petitioner has been charge-sheeted for the alleged commission of offence under Sec. 420 RPC.

(2.) The case of the petitioner is that a false and frivolous complaint has been filed against him under Sec. 420 of Ranbir Penal Code in the Court of learned Sub-Registrar (JMIC), Jammu, wherein process was issued and on the basis of the statements of the respondent and one witness at the pre-charge stage and now the trial court has framed the charge under Sec. 420 RPC against the petitioner herein. It is stated that the allegations in the complaint are that the petitioner had entered into an agreement to sell a shop situated at H.No.721, Sarwal, Jammu measuring 22'x10' on 29.09.2012 and thereafter the agreement was extended from time to time and ultimately the petitioner failed to execute sale deed in favour of the respondent as the shop was mortgaged with the J&K Bank (Branch Rehari), Jammu as such, the refusal on the part of the petitioner amounts to cheating and fraud punishable under Sec. 420 of Ranbir Penal Code. It is stated that from the bare perusal of the complaint and the statement of the complainant, offence under Sec. 420 of the Ranbir Penal Code is not made out, as such, the allegations are false, baseless and concocted. It is further stated that the main allegations made in the complaint filed by the respondent in para No.2 are "that complainant in the month of Sept., 2012 came to know that accused is selling a shop of size 22'x10' falling in Khasra No.864, Toph Sherkhania and said shop is situated on the frontal portion of H.No.721 Sarwal Chowk, Jammu of which the accused is the owner" and allegations in Para No.3 of the complaint are "that complainant met the accused and visited the said shop of accused at above mentioned address and accused assures the complainant that the said shop which he is selling in his ownership property free from all/any sorts of encumbrances and dispute as such deal was struck between complainant and accused wherein complainant agreed to buy and accused agreed to sell the above mentioned shop without roof for total sale consideration of Rs.12,00,000.00 (Rupees twelve lacs only) leading to execution of agreement to sell dated 20.09.2012 by and between accused and complainant.?

(3.) It is contended that going by the averments made by the respondent in his complaint referred to above, statement recorded and the relevant provisions of law as contained in Sections 415 and 420 of the Ranbir Penal Code, no offence whatsoever is made out against the petitioner and the complaint filed by the respondent is an abuse of process of law, yet the court below issued the process against the petitioner vide order dated 08.03.2014. It is further contended that if all the allegations made are taken as true even then no case is made out against the petitioner, going by the provisions of law and as such the complaint as well as the proceedings initiated on 08.03.2014 and the order passed by the court below dated 08.09.2015 deserve to be quashed.