- (1.) This appeal is directed against the judgment dated 05.01.2015 rendered by learned Judicial Magistrate Ist Class, Gurgaon whereby accusedGurnam Singh Dhillon son of Magar Singh, Rupinder Singh son of Gurnam Singh and Virender Singh Sidhu son of Mohinder Singh Sidhu were acquitted for the offences punishable under Sections, 467, 468, 471, 120-B of the Indian Penal Code (hereinafter referred to as 'IPC').
(2.) Appellant-complainant Yog Raj instituted a complaint under Sections 467, 468, 471 and 120-B IPC against accused with the allegations that Gurnam Singh accused had entered into an agreement to sell dated 07.02.2006 for the purchase of 2.50 acres of land along with IBP Petrol pump situated at village Sidhrawali vide mutation No. 2131 for total sale consideration of Rs. 41,50,000/-. Accused-Gurnam Singh represented that he is the owner of the aforesaid properties. Complainant paid a sum of Rs. 5 lacs in cash and two cheques bearing No. 550213 of Rs. 25 lacs and bearing No. 552014 of Rs. 11,50,000/-. The time limit for registration of sale deed and the final payment of said land and the petrol pump was mutually agreed subject to CLU. It was agreed that in case the complainant fails to get the sale deed registered by making full and final payment of said land, the earnest money will be forfeited.
(3.) It was also agreed that accused-Gurnam Singh shall obtain no dues certificate from MC Gurgaon and would inform about the last date of payment otherwise the cheque will be returned with penalty to the complainant. The agreement was duly signed by accused and accused-Virender Singh Sidhu signed the agreement as a witness. Later on the complainant came to know that accused-Gurnam Singh was neither the owner of the land nor allottee of IBP petrol pump. In fact accused Rupinder Singh and Virender Singh are the allottee of IBP petrol pump. Said Gurnam Singh by hatching a conspiracy with accused Rupinder Singh and Virender Singh Sidhu induced the complainant to enter into an agreement with the accused and they also cheated the IBPL company as they have no right to transfer the rights of the petrol pump. It is further averred that Gurnam Singh has not obtained any 'no dues' certificate from the department to transfer the IBPL petrol pump. The accused Rupinder Singh and Virender Singh, despite the agreement with the complainant, sold the said land to Meena Kukreja vide sale deed No. 472 dated 07.04.2006 and accused No. 2 and 3, Rupinder Singh and Virender Singh, in collusion with accused Gurnam Singh further cheated the complainant. The complainant after knowing this, requested the accused to return the said cheques but accused has refused to return the same and threatened to misuse the same. The IBPL company after knowing this fact has cancelled the licence of petrol pump. The complainant has moved an application regarding this fraud to the higher police officers but no action was taken by them. Hence, the complainant filed the above mentioned complaint.;