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2006 Supreme(Del) 2122

A.K.SIKRI
RAM CHANDER – Appellant
Versus
R. K. KHATTAR – Respondent


Advocates Appeared:
HARKESH C.AGARWAL, R.S.Kela, SURESH CHAND, Ved Prakash Sharma


A. K. SIKRI, J.

( 1 ) THE issues sought to be raised in all these petitions are same and, therefore, the same are heard and decided by this common order.

( 2 ) M/s. Ashoka Land and Finance Corporation, a partnership firm, (hereinafter referred to as 'the firm'), developed a colony with the name 'ashoka Enclave' in gurgaon (now vested in Faridabad ). It carved out certain plots and offered it to general public for sale. One Shri Baldev Lal Khattar booked a plot with the said firm on 9. 4. 1963 and the total consideration was fixed at Rs. 5,000/ -. He deposited Rs. 1,250/- at the time of booking and later on paid the remaining installments as well. Shri Baldev Lal Khattar died on 29. 9. 1996. After his death, his son Mr. R. K. Khattar (hereinafter referred to as 'the complainant')approached the firm and its partners for allotment of plot but no heed was paid. The complainant, therefore, filed a complaint before the learned Magistrate under Section 200 of the Code of Criminal Procedure (for short, 'cr. P. C. ')alleging therein that he was duped by the accused persons. On examination of the complainant, the learned Magistrate took cognizance of the offence under section 420 of the In











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