GOPAL SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed by Petitioner Gopal Sharma assailing order dated 05.08.1995 of Additional Civil Judge (Junior Division) & Judicial Magistrate No. 13, Jaipur City, Jaipur, in Criminal Case No. 2318/1994, whereby charge was framed against Petitioner for offence under Sections 420 and 447 of Indian Penal Code.

(2.) Shorn of unnecessary details, factual matrix of case is that one Manmohan lodged a report at Police Station Mansarovar, Jaipur on 24.08.1994 in connection with alleged occurrence which took place between years 1981 and 1983. As per case of complainant, there was land of Khasra No. 251/281 measuring 37 bighas and 14 biswas in village Devari situated at Gopalpura Road. On 30.04.1981 an agreement to sale was executed between Petitioner, in capacity of Secretary, National Housing Cooperative Society Limited, Jaipur, and complainants Manmohan, Motilal, Praveen and Rikhab Chand Pungaliya. It was agreed that the amount of Rs. 15,000/- per bigha will be paid and thus total amount of Rs. 5,65,500/- will be paid as sale consideration. It was also mentioned that Manmohan, Motilal and Praveen were having half share and Rikhab Chand Pungaliya was having another half share in the land. As per agreement, Petitioner had to make payment of Rs. 2,82,750/- i.e. half amount of total amount to complainant party. At the time of agreement, Rs. 5000/- was paid as advance towards the purchase. It was decided to make payment of total amount divided in two installments within four months and if amount will not be paid, the advance amount or any amount which has been paid, will be forfeited. It was also decided that the possession will be given to the society after receipt of full amount but the Secretary of the Society dispossessed them and took possession of the land and divided the plots in that land. It was mentioned that the full amount has not been paid and as per the condition of agreement, the agreement has already come to an end. Cheques were given to the complainant. One cheque No. 982526 for Rs. 1,00,000/- was given on 31.3.1982 after putting the date intentionally of 31.03.1981. When this cheque was deposited in the bank for clearance on 01.04.1982 then it was referred to drawer meaning thereby that there was no money in the bank. Afterwards, three cheques were given in lieu of one cheque of Rs. 1,00,000/- for a sum of Rs. 30,000/-, Rs. 35,000/- and Rs. 35,000/-, respectively. Out of these three cheques one cheque No. 965208 dated 31.07.1983 for Rs. 35,000/- was drawn on Bank of Rajasthan Limited, Kishanpole Bazar, Jaipur. Intentionally, there was the overwriting made on the date and thus the cheque was left incomplete. Due to this reason, the cheque was returned from the Bank. The complainant party gave notice to the Society but the Society did not take any action. It was also mentioned that complaint was made in the Camp. But, neither Society has contacted them nor any amount has been paid. The Society has got no legal right over this land and took possession over the land without making payment. The Society issued 'patta' to its members after taking unauthorized possession and raised construction unauthorizedly. It was mentioned that Gopal Sharma is having possession over the land as a trespasser and the possession is unauthorized, which was done with intention to cheat. The police on the basis of this information registered the case at Police Station Mansarovar at No. 259/1994 under Sections 420 and 447 of the Indian Penal Code.

(3.) That police after investigation filed challan against accused-Petitioner for offence under Sections 420 and 447 of the IPC on 05.12.1994. Impugned order dated 05.08.1995 of framing charge against Petitioner is assailed in present revision petition.