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2023 Supreme(HP) 434

RAKESH KAINTHLA
Satya Devi – Appellant
Versus
Yash Pal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Peeyush Verma, Advocate
For the Respondent:Mr. Romesh Verma, Sr. Advocate with Mr. Hitesh Thakur, Advocate.

JUDGMENT :

Rakesh Kainthla, J.

The petitioner has filed the present petition under Section 482 of the Criminal Procedure Code against the judgment dated 16.02.2021 passed by the learned Additional Sessions Judge(1), Shimla, vide which the revision filed by the petitioner (complainant before learned Trial Court) was dismissed. (The parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

2. Briefly stated, the facts giving rise to the present petition are that the complainant filed a complaint against the accused for the commission of offences punishable under Sections 409 and 420 read with Section 120B of IPC. It was asserted that the complainant is an uneducated and illiterate person. She is the owner of the land in Tehsil Chirgaon, District Shimla, which was inherited by her from her father. She is married in a different village and is unable to manage the land. Hence, she executed a power of attorney in favour of accused no.1 authorizing him to manage her land. The accused no. 1 taking advantage of the absence of the complainant, executed a Gift Deed in favour of his wife, accused no. 2. This gift deed was exe

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