Satish Kumar Mittal, J. - (1.) The petitioner has filed this petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') for quashing of the complaint dated 28.2.2001, Annexure P-1, filed by the respondent, who is his nephew, against him under Sections 420/511/468/471 and 182 Indian Penal Code; and the summoning order dated 7.10.2001, Annexure P-4, passed by Judicial Magistrate, 1st Class, Chandigarh, whereby the petitioner has been summoned to face trial under Section 420 read with Section 511 and Section 182 Indian Penal Code.
(2.) The brief facts of the case are that late Sh. Bakshi Mulakh Raj Chhibbar, who was a practicing Advocate, was owner of two houses i.e. houses Nos. 681 and 721, Sector 8, Chandigarh. He died on 5.4.1974 leaving behind three sons, namely Rajinder Kumar Chhibbar (petitioner), Surinder Kumar Chhibbar (father of respondent) and Raj Bakshi and four daughters. During his life time, Sh. Bakshi Mulakh Raj Chhibbar executed a registered Will dated 17.1.1972, whereby he bequeathed house No. 681, Sector 8, Chandigarh, in favour of the petitioner. He was also given a right to continue to reside in the ground floor of house No. 721, Sector 8, Chandigarh, as he has been practicing there as an Advocate. The other two sons, namely Surinder Kumar Bakshi and Raj Bakshi were given life interest in house No. 721, but they were not given right to alienate this house by sale, mortgage or any other device. They were given right to live on the first floor in the house during their life time only and after their death, the house was to be inherited by their progeny, in case they marry and have their children. Otherwise, the house was to be inherited by the petitioner or his children in case he is not living then. As per the Will, the petitioner was given a right to continue to reside in the ground floor of house No. 721, as he had been practicing there as an Advocate. However, under the Will, the petitioner was required to pay Rs. 200/- per month to each of the two brothers by way of rent. At the time of execution of the Will, Surinder Kumar Bakshi and Raj Bakshi were unmarried, but subsequently, Surinder Kumar Bakshi had married and is having two sons, namely Assem Bakshi and Ashish Bakshi. However, Raj Bakshi is issueless.
(3.) Vide order dated 25.3.1980, passed by the District Judge, Chandigarh, the aforesaid Will was duly probated. According to the said Will, House No. 681, Sector 8, Chandigarh, has already been transferred in the name of the petitioner. On 9.9.1999, the petitioner made an application to the Estate Officer, U.T. Chandigarh for transfer of ground floor of house No. 721, Sector 8-B, Chandigarh in his favour and first floor of the said house in favour of his brothers Surinder Kumar Bakshi and Raj Bakshi. The said application is re-produced below:- "To Estate Officer, U.T. Chandigarh. Sub : Transfer of House No. 721, Sector 8-B, Chandigarh No. 523-A (Old No.) Plot No. 8, Street D, Chandigarh. Sir, My father Bakshi Mulakh Raj Chhibbar was the owner of above house, who died on 5.4.1974. That my father executed a Will dated 17.1.1972. Will was probated in the court of Distt. Judge, Chandigarh vide order dated 25.3.1980. Certified copy of the Will Ex.P-1 dated 17.1.1972 and the typed copy of the said Will duly attested to be true copy of the Executive Magistrate, Chandigarh are enclosed. The Will inter alia provides as under : "I give house No. 681 to my second son Rajinder Chhibbar. My son Rajinder Chhibbar will have right to continue to reside in the Ground Floor of House No. 721 as he has been practicing here as an advocate. He had his office and residence here. In the interest of his profession he needs the Ground Floor for residence and his office." My eldest brother Surinder Bakshi and youngest brother Raj Bakshi have been given life interest only on the first floor of House No. 721, Sector 8-B, Chandigarh and they have a right to live during their life only. I am enclosing an affidavit of understanding to transfer the said house No. 721, Sector 8-B, Chandigarh in your office record as under : A) Ground Floor in favour of Rajinder Chhibbar. B) First Floor in favour of Surinder Bakshi and Raj Bakshi. It may respectfully be submitted that earlier on 5.7.1980 I had applied for the transfer of House No. 681, Sector 8-B, Chandigarh (R.P. No. 9515) on the basis of the same Will duly probated (copy enclosed) vide memo No. 776/RP 9515/Cl dated 10.7.1980, you were pleased to note the transfer in my name. Later in view of my subsequent letter dated 14.7.1981 the Estate Officer Chandigarh vide his memo No. 4928/RP No. 9515/GI dated 29.3.1982 was pleased to note the transfer in the name of Rajinder Chhibbar as Karta of Rajinder Chhibbar HUF. Photocopy of the letter dated 29.3.1982 is enclosed. It is, therefore, respectfully prayed that on the basis of the aforesaid precedent, House No. 721, Sector 8-B, Chandigarh, may kindly be transferred in the name of : 1. Rajinder Chhibbar (Ground Floor) 2. Surinder Bakshi and Raj Bakshi (First Floor). Thanking you, Yours faithfully, (Rajinder Kumar Chhibbar) Senior Advocate, House No. 721/8-B, Chandigarh. Ph : 781751, 547601" The complainant Aseem Bakshi and his brother Ashish Kumar Bakshi through their special attorney also filed an application to the Estate Officer, Chandigarh on 15.12.2000 praying for transfer of the entire property bearing house No. 721, Sector 8-B, Chandigarh in their joint name. On that application, the petitioner and his younger brother Raj Bakshi were provided opportunity to file objections, if any, before effecting transfer of ownership of the said house in favour of Ashish Kumar Bakshi and Aseem Bakshi. The petitioner filed objections denying the right of Ashish Bakshi and Aseem Bakshi to get the said house transferred in their name on the strength of the Will dated 17.1.1972. During the pendency of the aforesaid applications, respondent Aseem Bakshi, grand-son of Shri Mulakh Raj Chhibbar, filed the impugned complaint, alleging therein that on 9.9.1999, petitioner Rajinder Kumar Chhibbar filed an application to the Estate Officer, U.T. Chandigarh for transfer of house No. 721, Sector 8-B, Chandigarh in his name by making false representation and by mis-stating the terms of the Will dated 17.1.1972, thereby inducing the Estate Officer, Chandigarh to transfer the said house in his favour, thereby depriving the complainant and his brother Ashish Bakshi from inheriting the said house left by their grand-father Sh. Bakshi Mulakh Raj Chhibbar. In the complaint, it has been stated that as per the Will, the respondent and his brother being children of Surinder Kumar Bakshi are entitled to inherit house No. 721, Sector 8-B, Chandigarh. But petitioner knowingly and willfully with fraudulent and dishonest intention had submitted false and fabricated application dated 9.9.1999 to the Estate Officer for transfer of the said house in his name with a view to deprive them from inheriting the said house as per the Will. He had made the said application with intention to cause wrongful gain to himself and wrongful loss to them. Thus, it was alleged that the petitioner has committed offence punishable under Sections 420, 468, 471, 511 Indian Penal Code besides offence under Section 182 Indian Penal Code.;