IMPORTANT POINT
The court ruled that civil disputes do not automatically preclude criminal liability, but allegations must clearly disclose a criminal offence.

JUDGMENT :

1. Heard Mr. N. Deka, learned counsel for the petitioner. Also heard Mr. S. C. Biswas, learned counsel for the respondent.

2. The present application is filed under Section 482 Cr.P.C. for quashing of proceeding in C.R. Case No. 904/2017 under Section 420/465/468/471/406/403/109/506/34 of IPC instituted by the respondent against the petitioner pending for trial before the learned Court of Munsiff cum Judicial Magistrate First Class, Bilasipara. The further challenge is an order dated 16.03.2018 passed by the learned Court of Munsiff cum Judicial Magistrate First Class, Bilasipara, whereby summons were issued upon the petitioner under Section 420/465 of IPC.

3. Before dealing in detail the argument of the learned counsel for the parties, let this Court first record the facts which are narrated in the complaint in the following manner:-

It is important to note here that the petitioner is named as accused No. 1 and the learned Magistrate by impugned order issued process only against accused No. 1 along with one Imdadul Hoque.

I. The mother of the complainant is the sole owner of a plot of land measuring 1 Bigha 3 Kathas 0.43 Lechas covered by Dag No. 234 under Periodic Khiraj Patta No. 45 situated at the Village-Surjyakhata Part-II under P.S. & Revenue Circle- Bilasipara, Dist-Dhubri, Assam.

II. The accused No. 3 by deceitful means on 17.04.2007 had obtained a Registered General Power of Attorney in respect of 2 Bighas 1 Katha 8 Lechas of land out of the complainant mothers land measuring 3 Bighas 1 Katha 8 Lechas covered by Dag No. 234 under P.P. No. 45 in his favour vide Deed No. 87 dated 17.04.2007.

III. On the same date, the accused No. 3 made an agreement with the mother of the complainant about division of equal share of monthly rents of the same land vide Deed No. 1471 dated 17.04.2007.

IV. It is also alleged that on 05.07.2007, a rectification deed was also made in respect of the Deed No. 1471 dated 17.04.2007 and when the mother of the complainant could understand such fact, then she on 11.04.2013 had cancelled the said General Power of Attorney and informed the matter to the accused No. 3.

V. It is also alleged that in the month of November, 2008, accused No. 3 by deceitful means and by misinfluencing and misguiding the complainant and his mother, obtained a registered Lease Agreement on 06.11.2008 with Numaligarh Refinery Ltd. for installation of a Petrol and Diesel Pump on the said land.

VI. The Lease Agreement was also not prepared and made in accordance with the terms and conditions agreed upon by them. The main terms and conditions which were agreed upon by them before preparation and making the Lease Agreement were different which are enumerated in the paragraph 5 of the complaint.

VII. It is alleged that on 06.11.2008, the accused No. 3 certified that the accused No. 1 (petitioner herein) is the competent and duly authorized person of the Numaligarh Refinery Ltd., but no proper identification of the accused No. 1 (petitioner herein) was given to the complainant and his mother and keeping them quite dark, the said two accused persons prepared the fictitious, forged and false Lease Agreement between the mother of the complainant and Numaligarh Refinery Ltd and the accused No. 1 (petitioner herein) put his signature for the said Refinery. But, infact the accused No. 1 (petitioner herein) was not the competent and duly authorized person of the said Refinery.

VIII. According to the complainant, said deed was registered on 06.11.2008 before the Sub Registrar, Bilasipara. Neither the complainant nor his mother was aware of the contents of the said Lease Agreement dated 06.11.2008 etc.

IX. It is also alleged that without obtaining any permission from the authority concerned, the Lease Agreement was registered.

X. It is also alleged that subsequent to Lease Agreement dated 06.11.2008, the Numaligarh Refinery Ltd. sublet the said premises/property to the accused No. 2 in the year 2013 and that the accused No. 2 started M/s Gl