Gulam Kadar s/o Shri Noorsamand vs State of Rajasthan

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.

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.

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.

Though Shri Pankaj Gupta, learned counsel representing the

complainant vehemently opposed the submissions advanced by

the petitioner''s counsel but nonetheless, he too is not in a position

to dispute the fact that there is a clear recital at para No.1 of the

disputed agreement that the accused had purchased the land

through an agreement from Bhupendra Kumar Arora. It is not in

dispute that the accused gave a Cheque of Rs.7 lacs to the

complainant towards the very same transaction and the

complainant has initiated a prosecution of the accused for the

dishonour of the said cheque way-back in the year 2013. The

present F.I.R. came to be lodged after significant delay with

almost the very same allegations.

In this background, this Court is of the firm opinion that the

necessary ingredients of the offences alleged are not made out

from the complainant''s allegations and hence, allowing

continuance of the investigation of the F.I.R. under challenge

would be nothing short of a gross abuse of process of law.

Accordingly, the instant petition filed by the petitioner Gulam

Kadar under Section 482 Cr.P.C. is allowed. The impugned F.I.R.

No.516/2015 registered at the Police Station Suratgarh City for

the offences under Sections 420 and 120B I.P.C. and all further

proceedings sought to be taken thereunder are hereby quashed.

Stay petition is also disposed of.