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1963 Supreme(SC) 218

P.B.GAJENDRAGADKAR, K.SUBBA RAO, K.N.WANCHOO, N.RAJAGOPALA AYYANGAR, J.R.MUDHOLKAR
Kaushalya Devi – Appellant
Versus
Mool Raj – Respondent


Advocates Appeared:
Mr. B.C. Misra, Advocate, for Petitioner;
Mr. R.N. Sachthey, Advocate, for Respondent No. 5.

JUDGEMENT

GAJKNDRAGADKAR, J. :- The petitioner Mrs. Kaushalya Devi is being tried along with three other persons in the Court of the Sub-Divisional Magistrate, Delhi. These criminal proceedings commenced on a complaint made by Mool Raj Hukam Chand against the petitioner and three other persons alleging that the four accused persons had committed offences under S. 420 read with S. 120B of the Indian Penal Code. The complainant's case is that the transaction between him and the petitioner in relation to the registration of Plot No. 210 in Meenakshi Garden was the result of cheating. This transaction took place, according to him, in June, 1959, and the complainant had paid to the petitioner Rs. 1150/- at the time of the registration of the document. According to him, the plot shown to him and given in his possession in pursuance of the said transaction did not belong to the petitioner and that, in substance, is the basis of the charge under S. 420 read with S. 120B I.P.C. The complaint alleges that after independence, a profession of colonisers who cheat the illiterate and poor people by cleaver means and relieve them of their hard-earned income, has grown m Delhi, and the complainant'











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