- (1.) This petition under section 482 of the Cod of Criminal Procedure Code (hereinafter referred to as the Code), relates to quashment of impugned FIR No. 150, dated 7-3-1985, registered against the petitioner under sections 420. 471 and 474 of the Indian Penal Code, at Police Station Central, Sector-17, Chandigarh.
(2.) In brief, facts relevant for the disposal of this petition, as emerge from the impugned first information report, are, that the petitioner and Shri Jaswant Singh his co-accused were known to the first informant, namely, Pawittar Singh Walia, for the last several years and they had family relations with him. The first informant reposed great confidence in both of them. In July, 1981, both the present petitioner and Jaswant Singh, came to the first informant that the Plot No. 2165 (RPL No. 17741), Sector 15. Chandigarh, was for sale and was available at throw-away price. Both the said accused took the first informant and his son to the site and induced them to purchase the plot because of location of plot and its price which was very reasonable. Both of them showed to the first informant and his son, power of attorney in the name of Shri J. K. Sharma, from the real owner of Shri Hem Singh Bhangra. In the first week of August, 1981, Shri Jaswant Singh; and the petitioner, visited the house of the first informant and again requested him to purchase the plot in question, and allured him that he will get the plot in question at a very low and very reasonable rate, having good location and a life long property. They also placed before him a power of attorney in favour of Shri J.K. Sharma to whom they claimed to be a good friend and further stated that the first informant may consider Shri Sukhdev Khanna in place of Shri J. K. Sharma, and also assured the petitioner about the correctness and genuineness of the power of attorney. The latter reposing confidence in them gave the consent for purchase of plot in the name of his son. The sale price of the plot was settled at Rs. 1,40,000/- Rs. 20,000/- were paid in cash as earnest money by Shri Rupinder. Vir Singh (petitioner's son) to the present petitioner and Jaswant Singh for making this payment to Shri J.K. Sharma. On 10-8-1981, both the petitioner and Jaswant Singh came to the residence of first informant and took his son Rupinder Vir Singh along with them for signing the agreement of the plot in question. After sometime they returned back along with written agreement duly signed by his son Rupinder Vir Singh and witnessed by the present petitioner and Jaswant Singh. The receipt of Rs. 20000/- as earnest money was also acknowledged in the said agreement. On the demand of the petitioner and Shri Jaswant Singh that Shri L K. Sharma was insisting for an additional amount of Rs. 2000/- being in dire need of money Rupinder Vir Singh, aforesaid delivered a Bank Draft No. 194457/143419 dated 11-8-1981 for an amount of Rs. 20000/- in favour of Shri J. K. Sharma, issued by Oriental Bank of Commerce, Sector 17 to Shri Jaswant Singh co-accused of the petitioner for payment to Shri J. K. Sharma. On 19 8-1981 on the farther demand Rs. 20,000/- were paid by Bank Draft No 194610/1486 dated 19-8-81 in favour of Shri J.K. Sharma issued by the same bank to the petitioner for onward payment to Shri J.K. Sharma. Balance of Rs. 80,000/- was paid to the petitioner by the first in formant's son in cash in the presence of Paramjit Singh as desired and insisted by them in different instalments from time to time on their persistent demand. Information was also given that the full amount as agreed to was required for the clearance of the plot as the same stands resumed by the Estate Office. They further told the first informant that after clearance from the Estate Officer no objection certificate for the registration of sale deed will be obtained and thereafter the sale deed will be executed. Keeping in view the urgency and their pursuance. The whole consideration was paid to them and in lieu thereof a receipt signed by Shri J. K. Sharma for full and final payment of settled amount was delivered by them to the first informant. Thereafter, neither the deal Was finalised, nor, the sale deed was executed in spite of repeated requests made by the first informant to the petitioner and his co-accused Jaswant Singh. The first informant became suspicious on their evasive attitude, indifferent behaviour and delaying tacties to execute the sale deed and then started making enquiries which revealed that the said plot was originally purchased in auction by Shri Hem Singh Bhangra who ultimately surrendered the same to the Estate Officer, Chandigarh; that no person in the name of Shri J. K. Sharma ever lived on the address given by the petitioner and his co-accused Jaswant Singh as mentioned in the agreement. The bank drafts were deposited and encashed from Savings Bank Account No. 2008 of Shri J. K. Sharma at State Bank of Patiala, High Court Branch, Chandigarh. That account had been opened in the bank in connection with this deal only. Thus according to the first information both the petitioner and Jaswant Singh induced him and his son to part with the amount of Rs. 1,40,000/- and they conspired to cheat both of them. They also committed forgery by preparing false, documents. It was further alleged that they knew from the very beginning that the power of attorney in favour of Shri J. K. Sharma was a forged one and they intentionally concealed this fact from the first informant and his son and never introduced Shri J. K. Sharma to them. The first informant also suspected that some more people are also involved in this cheating and there is foul play, in the Bank operations also.
(3.) The learned counsel for the parties were heard.;