2022 Supreme(Raj) 1428
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Narendra Singh Dhaddha, J.
Bhawana Pachauri – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous (Petition) No. 1208/2021, S.B. Criminal Miscellaneous (Petition) No. 5717/2021, Connected with S.B. Criminal Miscellaneous (Petition) No. 5334/2021 & S.B. Criminal Miscellaneous (Petition) No. 5448/2021
Decided On : 02-09-2022
Mr. Anil Kumar Sharma, Adv. Mr. Rajeev Sharma, Advcate., for the Petitioner
Mr. Sanjeev Kumar Mahala, PP Mr. Rajneesh Gupta, Advocate., for the Respondent
The central legal point established in the judgment is the evidence of forgery and fraudulent transactions in property sales, leading to the dismissal of the petitions.
Headnote:
Forgery - Property Dispute - Section 482 - Cr.P.C. - [Section 482] - [Summary of Acts and Sections: The court discussed the forgery and cheating involved in the sale of the disputed property, highlighting the provisions of Section 482 of the Cr.P.C. and the elements of forgery and cheating under the Indian Penal Code. The court's decision was influenced by the interpretation of these provisions and the evidence of fraudulent transactions.]
Fact of the Case:
The case involved a property dispute where multiple parties were accused of forgery and cheating in the sale of a disputed plot. The petitioners sought the quashing of FIRs lodged against them, while the respondent alleged fraudulent transactions and sought dismissal of the petitions.
Finding of the Court:
The court found that the petitioners had engaged in forgery and fraudulent transactions in the sale of the disputed plot, as evidenced by the fake sale deeds, unverified addresses, and discrepancies in payment timelines. As a result, the court dismissed the Criminal Miscellaneous Petitions and disposed of all pending applications.
Issues: The main issues revolved around the alleged forgery and cheating in the sale of the disputed property, as well as the quashing of FIRs lodged against the petitioners.
Ratio Decidendi: The court's decision was based on the evidence of forgery and fraudulent transactions in the sale of the plot, leading to the dismissal of the petitions.
Final Decision: The Criminal Miscellaneous Petitions were dismissed, and all pending applications were disposed of in the case.
JUDGMENT
1. These four petitions are arise of same property, so, these four petitions are decided simultaneously.
2. Petitioners have preferred these Criminal Miscellaneous Petitions under Section 482 Cr.P.C. seeking quashing of FIR Nos.06/2021, 244/2020 and 479/2020 registered at Police Station Jawahar Circle, Jaipur.
3. Learned counsel for the petitioner-Smt. Bhawana Pachauri submitted that petitioner is bona-fide purchaser. She had purchased the disputed property plot No.C-409 (new No.C-503) from Arun Kumar Agarwal. She had given the consideration for the sale. Learned counsel for the petitioner also submitted that husband of the petitioner Dr. Balgovind Sharma has lodged an FIR No.244/2020 at Police Station Jawahar Circle, Jaipur against the Sudha Gupta, Seema Sharma and Arun Kumar Agarwal in which her husband clearly stated that his friend Dr. Anil Kumar Sharma was investing in Arun Kumar Agarwal's Company Vaivabh Finance Enterprises since 2015 and on 29.11.2019 invested amount was used for purchasing the disputed plot and remaining amount was deposited in loan account of AU Small Finance Bank and mortgage loan was transferred in the name of Dr. Balgovind Sharma and sale deed was executed and registered in the name of petitioner. So, FIR was lodged against the petitioner be quashed.
4. Learned counsel for the petitioner-Seema Sharma submitted that the petitioner-Seema Sharma also lodged an FIR No.479/2020 against Arun Kumar Agarwal and others for forgery and cheating. Learned counsel for the petitioner also submitted that petitioner was arrested in one case for similar offence and she cannot be arrested in other case. So, FIR lodged against the petitioner bearing FIR No.06/2021 lodged by Sudha Gupta and FIR No.224/2020 lodged by Dr. Balgovind Sharma be quashed.
5. Learned counsel for the respondent submitted that petitioners-Smt. Bhawana Pachauri, Seema Sharma and other Arun Kumar Agarwal had cheated the respondent-Sudha Gupta and they had sold the plot to each other without her consent. Learned counsel for the respondent also submitted that on 24.06.2015 plot of Sudha Gupta was fraudulently sold to Seema Sharma by impersonating other lady as Sudha Gupta. In Registry Rs.20,12,000/- consideration was given by way of cheque No.066721 dated 16.02.2015 of ICICI Bank but in investigation it was found that the said cheque was not deposited in the account of Sudha Gupta. Learned counsel for the respondent also submitted that in sale deed, one of the attesting witness is Vijay Sharma who is husband of petitioner-Seema Sharma and other witness was Shilpa Sharma but address of Shilpa Sharma was not verified. Learned counsel for the respondent also submitted that registered sale deed was executed by fake I.D. instead of respondent Sudha Gupta. Learned counsel for the respondent also submitted that address of Sudha Gupta was not verified which was mentioned in the registered sale deed. Learned counsel for the respondent also submitted that after that, Seema Sharma by fake sale deed had sold the disputed plot to Arun Kumar Agarwal on 09.03.2019 by registered sale deed in the amount of Rs.35,11,000/- and it was mentioned in the sale deed that Rs.11,000/- was taken as a cash and Rs.25,00,000/- was paid on 22.09.2015 by cheque No.004907 of IDBI Bank and Rs.10,00,000/- by cheque No.103666 dated 21.06.2017 of Axis Bank Limited. The said registry was done on 09.03.2019 but consideration was given four years prior to date of registry, so, it is clear cut case of cheating. Learned counsel for the respondent also submitted that witnesses of sale deed Vikas Sharma was not verified and other witness Bhupendra Kumar Ujjania was servant of Seema Sharma. Learned counsel for the respondent also submitted that Arun Kumar Agarwal had sold the disputed plot by registered sale deed of 29.11.2019 to petitioner-Smt. Bhawana Pachauri in the amount of Rs.26,00,000/- and in sale deed it was stated that payment was done from 02.11.2015 to 29.11.2019 in 21 installm