IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl.M. No. M-3950 of 2009
Date of decision : 11.2.2009.
...
Ashutosh Goel and another
................ Petitioners
vs.
Sushil Kumar
.................Respondent
Coram: Hon'ble Mr. Justice K.C. Puri
Present: Sh. V.B. Aggarwal, Advocate
for the petitioners.
...
K.C. Puri, J. (Oral)
The petitioners have filed this petition under Section 482
Cr.P.C. for quashing of complaint dated 11.9.2004 (Annexure P-1) as
well as, summoning order dated 28.5.2005 (Annexure P-2) passed by
Judicial Magistrate Ist Class, Jagadhri.
One Sushil Kumar filed a complaint against the present
petitioners with the allegation that he is owner of the property and the
present petitioners have sold that property in favour of Pankaj Saini
and Ram Saran and Jagjeevan Ram appeared as marginal witnesses.
Admittedly, petitioners have the remedy of filing a revision
and they have not availed that remedy.
Learned counsel for the petitioners has submitted that prima
facie no offence under Section 420 IPC is made out. He has submitted
that cheating was not against the complainant.
Crl.M. No. M-3950 of 2009 -2-
It is not disputed during the course of arguments that Sushil
Kumar is in possession. The counsel for the petitioners has submitted
that the ancestors of petitioners were the owners and they have
inherited the property.
This disputed question of fact cannot be adjudicated in the
proceedings under Section 482 Cr.P.C. Moreover, the petitioners
have remedy of filing a revision.
So, no ground for interference is made out.
The petition stands dismissed.
However, if any application for exemption is filed before the
trial Court, that shall be decided within 15 days.
( K.C. Puri )
11.2.2009. Judge
chug