Gulam Kadar s/o Shri Noorsamand vs State of Rajasthan

By way of this petition under Section 482 Cr.P.C., the petitioner seeks to challenge the registration and further investigation of the F.I.R.No.516/2016 registered at the Police Station Suratgarh City for the offences under Sections 420 and

120B I.P.C.

The complainant lodged the F.I.R. with the allegation that the accused entered into an agreement with him to sell 25 bighas of agricultural land in the Rohi Nangaliya, Tehsil Suratgarh. The deal was settled for a sum of Rs.31 lacs. The complainant made cash payment of Rs.7 lacs to the accused. The remaining consideration was settled to be paid at the time of registration. However, the complainant allegedly realized later on that the accused did not own the land. The disputed agreement has been placed on record of the petition and there is a clear recital that the accused had acquired the right to sell the land through an agreement executed by title holder Bhupendra Kumar.

Shri Khatri urges that the complainant has already initiated proceedings under Section 138 of the N.I.Act against the accused for the dishonour of Cheque of Rs.7 lacs received by him from the accused at the time of execution of the disputed agreement. He further points out that there is a clear recital in the disputed agreement that the accused had purchased the land through an agreement from its original owner Bhupendra Kumar Arora. Thus, Shri Khatri contends that ex-facie, no element of deception can be attributed to the petitioner so as to justify continuance of the investigation of the impugned F.I.R.

Though Shri Pankaj Gupta, learned counsel representing the complainant vehemently opposed the submissions advanced by the petitioner's counsel but nonetheless, he too is not in a position to dispute the fact that there is a clear recital at para No.1 of the disputed agreement that the accused had purchased the land through an agreement from Bhupendra Kumar Arora. It is not in dispute that the accused gave a Cheque of Rs.7 lacs to the complainant towards the very same transaction and the complainant has initiated a prosecution of the accused for the dishonour of the said cheque way-back in the year 2013. The present F.I.R. came to be lodged after significant delay with almost the very same allegations.

In this background, this Court is of the firm opinion that the necessary ingredients of the offences alleged are not made out from the complainant's allegations and hence, allowing continuance of the investigation of the F.I.R. under challenge would be nothing short of a gross abuse of process of law.

Accordingly, the instant petition filed by the petitioner Gulam Kadar under Section 482 Cr.P.C. is allowed. The impugned F.I.R.

No.516/2015 registered at the Police Station Suratgarh City for the offences under Sections 420 and 120B I.P.C. and all further proceedings sought to be taken thereunder are hereby quashed.

Stay petition is also disposed of.