PREM BHATIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C. is filed by the petitioner with a prayer for quashing the F.I.R. No. 189/2014 of Police Station, Sardarpura, Jodhpur for the offence punishable under Section 420 I.P.C.

(2.) Brief facts of the case are that the complainant-respondent No. 2 had submitted a written report to the Station House Officer, Police Station, Sardarpura, Jodhpur stating that he is owner of the property Pritam Bhawan situated opposite Pratap School, M.G.H. Road, Jodhpur. It is contended by the complainant that he purchased the said property from its owners through their power of attorney on 29.5.2013 for a consideration of Rs.3,21,00,000/-. It is further stated by the complainant that in relation to the said property, he included two partners with him and thereafter, he and his partners entered into an agreement with the petitionerPrem Bhatia, Jugal Kishore Gehlot, Manoj Tatia and Babulal for vacating the first floor of the said property, which was rented to them by the previous owners, for Rs.90,00,000/-. The said agreement contains the signatures of the complainant, his partners, petitioner, Jugal Kishore and Manoj Tatia. Later on, two persons viz. Manoj Tatia and Babulal offered to purchase two rooms, which were in their possession and the complainant and his partners had accepted that offer.

(3.) Learned Counsel for the petitioner has argued that bare reading of the impugned F.I.R. does not disclose any offence under Section 420 I.P.C. against the petitioner. Learned Counsel for the petitioner has tried to impress the Court that as a matter of fact Dhanpat Raj Mehta, who sold the disputed property to the complainant and his partners, had no authority to sell the property on behalf of one of the original owners. It is submitted that as a matter of fact the petitioner was the tenant of Madhu Mehta and the property was not sold by her at any point of time to Dhanpat Raj Mehta, from whom, the complainant along with his partners had purchased the same.