Decided on January 03,2012

Sohan Singh And Others Appellant
State of Uttaranchal and others Respondents


Servesh Kumar Gupta, J. - (1.) THIS petition, moved under Section 482 CrPC, challenges the order of cognizance dated 11.7.2006, passed by the Additional Chief Judicial Magistrate, Kashipur in Criminal Complaint Case No. 1104/2006, Surya Pratap Singh & Another v. Sohan Singh & Others, whereby the accused applicants have been summoned to face the trial for the offence of Section 420/34 IPC. The applicants have also prayed to quash the entire proceedings of the said criminal complaint case.
(2.) AT the outset, it would be pertinent to mention that none has turned up on behalf of the private respondents no. 2 & 3 even in the revised call though they have been served and Vakalatnama on their behalf has been filed by Mr. Gopal Krishna, Advocate, who has also filed counter affidavit on behalf of the said respondents. Hence, this Court rendered hearing to learned Brief Holder for the State. Having heard the controversy in hand, it appears that an unregistered agreement to sell was executed between the two parties on 16.4.2005. The first party comprised of Sohan Singh, Surendra Pal Singh, Gurjeet Singh, Baljeet Singh and Smt. Kamaljeet Kaur, who were the owners of the land bearing Khasra Nos. 229, 236, 237, 238, 239, 242, 244, 129, 231/1 situated in village Pratapur, Tehsil Kashipur, total area ad measuring 23 acres. The second party comprised of Smt. Sonia Agrawal, Surya Pratap Singh and Sandeep Sehgal. The said agreement to sell was made on a stamp paper of rupees fifty for a sale consideration @ rupees seven lakhs per acre. Thus, the total sale consideration was Rs. 1,61,00,000/ -. The sale of the land was to be executed by 30.6.2006.
(3.) IT is the averment of the complainants that the first party executed the sale deed of 14.97 acres of land and a payment of Rs. 69,14,000/ - was made to them, while payment of Rs. 91,86,000/ - is yet to be made after the execution of the sale deed of the remaining land. Somehow or the other, the terms and conditions of the said deed of agreement could not be honoured by the members of the first party. So, the members of the second party, namely, Sandeep Sehgal and Surya Pratap Singh, filed the impugned complaint on 31.5.2006 for the offence of Section 420/34 IPC against the members of the first party, who are the applicants petitioners, except one Mr. Surendra Pal Singh, before this Court.;

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