LIYAKAT ALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Misc. Petition has been preferred claiming the following reliefs:-

(2.) Brief facts of the case, as placed before this Court by learned counsel for the petitioners, are that the complainant (respondent no.2 herein) filed a complaint before the learned Trial Court, which was sent for investigation under Sec. 156 (3) Cr.P.C. to Police Station, Udaimandir, Jodhpur; accordingly, an F.I.R. bearing No. 523/2013 was registered against the petitioner and upon investigation, the police filed a charge-sheet against the petitioners for the offences under Ss. 420, 406 and 448 I.P.C. In the complaint, it was alleged that the petitioner owns a house situated at Karnal, Sahab ki Haveli and that on 19/2/2013, the petitioner agreed to sell the property to the complainant for a sum of Rs.30,00,000.00. And that, the complainant had on two previous occasions, loaned sums of Rs.6,00,000.00, Rs.7,00,000.00 and Rs.7,00,000.00 to the petitioner, on 20/12/2011 owing to the petitioner's need to deal with family expenses and on 10/7/2012 and 24/9/2012, owing to the petitioner's need to meet expenses for his daughter's wedding and other family related expenses, respectively; totaling an amount of Rs.20,00,000.00 which was subsequently on date of entering into agreement adjusted with the sum toward the sale of the land in question. And that, on 18/2/2013 the complainant also paid an amount of Rs.6,00,000.00 to the petitioner towards the sale in question. And that, the complainant was assured by the petitioner that an outstanding payment of Rs, 1,40,000/- towards mortgage payment of the house would be settled by the petitioner with the concerned Bank, Bank of India, and give the complainant a N.O.C., and would receive the remainder Rs.4,00,000.00 towards the sale in question on 31/12/2012.

(3.) Learned counsel for the petitioners submits that the averments made in the complaint are without substance, and the has been lodged with a clear motive to falsely implicate the present petitioners in a case of criminal nature, despite the fact that the complete chain of events clearly shows that the dispute in question is purely of a civil nature.