GULAM KADAR Vs. STATE & ANR

JUDGEMENT

(1.) By way of this petition under Section 482 Cr.P.C., the petitioner seeks to challenge the registration and further investigation of the F.I.R.No.516/2016 registered at the Police Station Suratgarh City for the offences under Sections 420 and 120B I.P.C.

(2.) The complainant lodged the F.I.R. with the allegation that the accused entered into an agreement with him to sell 25 bighas of agricultural land in the Rohi Nangaliya, Tehsil Suratgarh. The deal was settled for a sum of Rs.31 lacs. The complainant made cash payment of Rs.7 lacs to the accused. The remaining consideration was settled to be paid at the time of registration. However, the complainant allegedly realized later on that the accused did not own the land. The disputed agreement has been placed on record of the petition and there is a clear recital that the accused had acquired the right to sell the land through an agreement executed by title holder Bhupendra Kumar.

(3.) Shri Khatri urges that the complainant has already initiated proceedings under Section 138 of the N.I.Act against the accused for the dishonour of Cheque of Rs.7 lacs received by him from the accused at the time of execution of the disputed agreement. He further points out that there is a clear recital in the disputed agreement that the accused had purchased the land through an agreement from its original owner Bhupendra Kumar Arora. Thus, Shri Khatri contends that ex-facie, no element of deception can be attributed to the petitioner so as to justify continuance of the investigation of the impugned F.I.R.