DHARMENDRA LATHI (RATHI) Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard.

(2.) These two misc. petitions have been preferred by the accused petitioners Dharmendra and Surendra Singh u/s. 482 Cr.P.c. with a prayer for quashing of the F.I.R. No. 458/2016 registered at P.S. Subhash Nagar, Dist. Bhilwara for the offences under Sections 420, 406 and 120B IPC.

(3.) The facts in brief are that the complainant claims to have executed registered sale deeds of multiple agricultural plots in favour of the accused petitioners in the year 2015. Though it was mentioned in the registered documents that the entire sale consideration was paid at the time of the execution of the registered sale deeds but in the F.I.R., the complainant has set up a contrary plea that as a matter of fact the accused did not pay full sale consideration to him while getting the sale deeds registered and certain other oral and written stipulations and conditions were agreed to by the parties which the accused failed to fulfill. He further alleged that the accused gave some cheques to the complainant for the balance consideration amount which were dishonoured upon being presented in the bank. As per the complainant, the accused gave a totally fraudulent inducement to the complainant for getting the registered sale deeds executed. Though the F.I.R. was filed against numerous other persons but after concluding investigation, the I.O. found only the present petitioners responsible for the offences under Sections 420, 406 and 120B IPC. The I.O. after concluding investigation has recorded following findings:-