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IN THE HIGH COURT OF DELHI AT NEW DELHI
SANJEEV NARULA
Ved Prakash – Appellant
Versus
State (NCT of Delhi) – Respondent
JUDGMENT
SANJEEV NARULA, J.
1. This petition under Section 482 of the Code of Criminal Procedure, 1973 [“CrPC”], assails the summoning order dated 19th September, 2019 passed by the CMM, Dwarka Courts, Delhi, and the revisional order dated 16th November, 2019 passed by the ASJ, Dwarka Courts, dismissing the Petitioners’ challenge to the said summoning order.
FACTUAL MATRIX
2. The dispute arises from a private complaint instituted by Late Sh. Sukhbir Singh, son of Late Sh. Chunni Lal, against his co-legal heirs (the Petitioners). Upon the demise of the complainant on 3rd April, 2017, Respondent No. 2, his son is pursing the compliant.
3. The controversy relates to certain agricultural land forming part of the estate of Late Sh. Chunni Lal, situated within the jurisdiction of SDM Najafgarh, Delhi, and recorded in the revenue records under Khata/Khatoni No. 105/2018, comprising various Khasra numbers in the concerned village. 4. The complainant’s case was that, without his knowledge or consent, an application for mutation in respect of the said land was moved before the Tehsildar, Najafgarh, in the joint names of the legal heirs. It was alleged that the complainant had neither signed the m
Absent core elements of deception and harm, allegations of forgery and cheating in the context of legal heirs and land mutation do not warrant criminal prosecution.
It is well settled that in order to constitute an offence of cheating, it must be shown that the accused had fraudulent or dishonest intention at the time of making the representation or promise and ....
The court established that civil disputes can coexist with criminal allegations, and the merits of such allegations must be determined through trial, not preemptively dismissed.
Criminal proceedings cannot pursue allegations of forgery if the accused were not the makers of the documents, emphasizing the distinction between civil and criminal disputes.
Civil disputes should not be framed as criminal offences when no fraudulent intent is evident, as it constitutes an abuse of legal processes.
The court established that allegations of forgery and cheating can coexist with civil disputes, allowing for criminal proceedings to continue.
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