K.C. Sharma, J. - (1.) Heard
(2.) A criminal complaint was filed by complainant Bhupendra Mittal on 10.7.96, which was forwarded by the learned Chief Judicial Magistrate to the concerned Police Station, upon which FIR No. 185/96 was registered. The Police after investigation, submitted F.R. The Court again ordered for reinvestigation. The Police again submitted F.R. No. 84/99 on 26.05.99, against which a protest petition was filed on 29.9.99. The Court took cognizance on 24.8.2001 and issued process, thereby summoning the accused.
(3.) The facts of the case are that father of the petitioners purchased disputed property from one Gordhan Lal, father of the complainant for Rs. 38,000/- vide agreement to sale dated 1.12.1951 and paid a sum of Rs. 3,000/-. Rest of the amount was to be paid in instalments. However, he failed to pay the instalments. Later on, on 17.7.1956 a mortgage deed was executed. The property in dispute was in the name of Gordhan Lal, in whose name a patta was issued on 27.7.1943 by the Municipal Board. It is alleged that the mortgaged amount was paid through cheques and after considering the above facts, final report was submitted by the police. At present the property is entered in favour of the State Government.;