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2008 Supreme(P&H) 1166

KANWALJIT SINGH AHLUWALIA
Rekha Bharana – Appellant
Versus
Satinder Garg – Respondent


Advocates:
For the Petitioner:Mr. Akshey Bhan, Advocate.
For the State:Mr. Sunil Nehra, Assistant Advocate General Haryana.
For the Respondent:Mr. N.K. Sanghi, Advocate with Mr. Pankaj Jain, Advocate.

JUDGMENT

Kanwaljit Singh Ahluwalia, J. (Oral):- Smt. Rekha Bharana wife of H.S. Bharana, resident of C-146, Sarvodya Enclave, New Delhi has filed the present petition seeking quashing of complaint (Annexure P-2) along with summoning order (Annexure P-1).

2. Before I Narrate the facts, it will be essential to take note of grievance of the complainant. The grievance of the complainant, on which the entire edifice is built, has been narrated in the concluding para No. 13 of the complaint. It will be apposite here to reproduce para 13 of the complaint:

“13. That the complainant has also suffered huge losses due to the said acts on the part of the accused. The prices of the plots in the vicinity of the plot in question has almost touched the double. The accused has taken the law in her­ own hands by stating the cancellation of the agreement to sell date 13.7.2004 of her own which she executed in favour of the complainant and also by returning the earnest money/ part payment of the plot in question to the complainant by the said Demand draft amount to Rs.2,00,000/- (Rupees Two Lacs only) while she can not return the amount of earnest money/part payment to the complainant through Demand D




















































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