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Judgment
Dharnidhar Jha, J.—Heard Sri Rajiv Ranjan Kr. Pandey, learned Counsel appearing for the Petitioners and also heard the learned A.P.P. for the State.
The order of summoning dated 11.2.2010 passed by Judicial Magistrate, 1st Class, Bikramganj (Rohtas) in Complaint Case No. 778 of 2009 is being challenged and sought to be quashed through the present petition.
The facts are not much in dispute that a particular area of plot No. 671 under Khata No. 163 situated at Mauza-Natwar was sold by the Petitioners through four sale deeds executed on different dates, i.e., 8.10.2010, 10.10.2007, 10.1.2008 etc. It is not denied that the land did not belong to the vendors Most. Phuleshra Kuwar and Arun Kumar and it was accordingly conveyed through the deeds executed on different dates.
When one considers the definition of forgery as contained in Section 463 of the IPC, one may have to accede to the allegation that it may be an act of forgery which has been made punishable under the IPC.
But the defence of the Petitioners is that it was a bona fide mistake on the part of the vendors of the deeds and realizing the same, they immediately executed a correction deed and registered, it by eradicating the conveyance and sale of survey plot No. 167 noted above. On facts this could be a case of forgery and the court recommends strongly to the summoning court to call the parties before it and impress upon them, the need to reconcile between them and compromise the case inasmuch as the Petitioners plea that they have already incurred a heavy loss of money, firstly, on account of paying the costs of scribing and registering the original sale deeds and subsequently the cost of scribing and registering the correction deeds. The court below shall, in case of the parties'' compromising, immediately take up the hearing of the matter and conclude the hearing in one month''s time without being influenced of any extraneous material which might be available on the record of the case.
With the above directions, petition is disposed of.