Kuldip Singh, J. (Oral)

FIR No.8 dated 19.1.2012 under Section 420 read with Section 34 IPC has been registered at PS Division No.2 Pathankot, District Gurdaspur against the present petitioners, namely, Smt.Sudarshan Nayyar, her son Manuj Nayyar and daughter-in-law Upma Nayyar on the complaint of Bakhtawar Singh son of Jasbir Singh – respondent No.2.

The summary of the allegations is that according to Bakhtawar Singh complainant , Manuj Nayyar petitioner, approached him in January 2008 impressing upon him that his mother Smt.Sudershan Nayyar is the sole proprietor of M/s S.N. Enterprises and they are in dire need of the money and want to sell property bearing Khewat No.305, Khatoni No.601, Khasra No.226, 227 to the extent of 40/86th share measuring 40 marlas situated in Dhangu road, Pathankot. Accordingly, they entered into an agreement with the complainant on 11.4.2008 for sale of the said land for total sale consideration of Rs.2,75,00,000/payable by 5.5.2010. Earnest money of Rs.25 lacs was paid. A further sum of Rs.75 lacs was paid to all the three petitioners (accused) by way of cheque and cash, which was duly credited in their bank accounts. At the time of agreemen