Mohinder Singh vs Balwant Singh Saini and Another

G.S. Chahal, J.—By means of this petition u/s 482 Cr. P. C. Mohinder Singh - petitioner seeks quashing of order dated February 21, 1990 passed by the Additional Sessions Judge, Roopnagar.

Balwant Singh--respondent brought a complaint u/s 420 I. P. C. against the present petitioner on the grounds that Mohinder Singh had agreed to sell in his favour plot No. 1929 measuring 400 sq. yards situated in Mohali vide agreement dated August 16, 1979, that the petitioner had received a sum of Rs. 6000/- as an advance and physical possession of the plot, agreed to be sold, was delivered to the respondent; that at the same time, petitioner had executed a general power of attorney in favour of respondent for the agreement of the said plot that the remaining sale price in the agreement was to be paid by the respondent by way of instalments to the Estate Officer by whom the plot wag allotted to the petitioner. It was alleged by the respondent that in pursuance of agreement of sale, he had been depositing the instalments with the Estate Officer and has paid the full balance amount. That the petitioner had also executed a Will in favour of the respondent in respect of the plot in dispute that when the full price was paid by the respondent, the petitioner got the power of attorney cancelled on June 22, 1988 and demanded an additional amount of Rs. 1 lac. It was alleged that the petitioner had, thus, cheated the respondent and had mis-appropriated the amount already paid to him,

On the basis of the evidence recorded, Sh. D, K. Monga, S. D. J. M., Kharar, found that no offence u/s 420 I.P.C. has been made out and it was a civil dispute between the partiess. He, thus, dismissed the complaint. The learned Addl. Sessions Judge in revision, however, set aside that order and directed the Magistrate to summon the petitioner and proceed with the complaint in accordance-with law,

It is not disputed that the petitioner was allottee of the plot which he had agreed to sell to the respondent. He had charged the earnest money and also delivered the possession and to enable the respondent to complete the sale he executed a non-revokable power of attorney in his favour and also executed a Will There is no allegation that the petitioner had no title in the plot and could not have entered into an agreement to sell which sale was to come into force after the instalments had been paid. If the petitioner reconsidered the matter and revoked the power of attorney, which is stated to be unrevokabley it shall not make out a Criminal offence but shall remain a dispute of civil nature. The process of the criminal Court cannot be allowed to be used for settling civil disputes. The orders of the S.D.J.M. was well-recorded and called for no interference by the Addl. Sessions Judge.

I hereby allow the petition and quash the impugned order. This petition stands disposed of.