The main legal point established in the judgment is the requirement for the complainant to demonstrate a prima facie case and provide evidence to support claims of cheating and fraud, especially in matters involving property rights and transactions.

JUDGMENT

Arvind Singh Sangwan, J. (Oral) - Prayer in this petition is for setting-aside the order dated 10.12.2015 (Annexure P2) passed by the trial Court vide which the complaint filed by the petitioner under Section 420, 467, 468, 471, 166, 167 read with Section 120-B of the Indian Penal Code (in short 'IPC') was dismissed as well as the order dated 29.04.2016 (Annexure P1) passed by the Additional Sessions Judge, Rohtak, vide which the revision filed by the petitioner was dismissed.

2. Brief facts of the case are that the petitioner filed a complaint before the trial Court under Section 156(3) Cr.P.C., 1973 which was sent to the police for investigation and taking further action. Thereafter, the police registered an FIR No.448 dated 10.06.2009 under Sections 420, 467, 468, 471, 166, 167, 120-B IPC at Police Station City Rohtak, and after completing the investigation, the police submitted a cancellation report. On notice, the petitioner filed a protest petition and in the protest petition, it is submitted that the petitioner/complainant is the adopted son of one Randhir Singh, who died in the year 1980. Randhir Singh has 02 wives namely Smt. Kitabo and Smt. Piari @ Ram Piari. Randhir Singh has executed a Will in favour of the complainant and has 02 wives, with a rider that both the ladies are given life interest and have no right to alienate the property and after their death, the property was to revert back to the petitioner/complainant. It is further stated that after the death of Randhir Singh, a mutation of testamentary inheritance bearing No.8829 was sanctioned in favour of the complainant and his two adoptive mothers. It is also stated that the accused persons namely Jagroop Singh and his brother Jagbir (since deceased) dishonestly and fraudulently induced the aforesaid two ladies and got their share of land alienated in their favour by way of sale deed. This action of the accused persons was to cheat the complainant qua his right over the property held by Randhir Singh because as per the rider put in the Will, the two ladies had no legal right to alienate the land. It is further stated that later on, the accused persons got mutation No.9249-A entered in the revenue record in collusion with the Patwari and revenue officials but the same was not sanctioned. It is also stated in the protest petition that in the year 2006 some portion of the land was acquitted by the State Government and the accused persons got prepared the affidavit of the complainant with fake thumb impressions and fake identification by one Ramesh, in order to get the compensation of the acquired land. Thereafter, they got entered Mutation No.12732-A sanctioned in their favour, on the basis of a fake sale deed executed by Smt. Kitabo and Ram Piari and thus, all the four accused persons have cheated the complainant and are liable to be summoned to face the trial under Sections 420, 467, 471, 166, 167 and 120-B IPC and the police has wrongly submitted the cancellation report.

3. The trial Court, thereafter, recorded the preliminary evidence of the complainant, vide order dated 10.12.2015, dismissed the complaint by passing the following order:-

"9. After perusing the case file minutely and after hearing the arguments of learned counsel for the complainant, this Court is of the view that the complainant has failed to show a prima facie case in his favour to summon the accused persons. Perusal of the case file shows that complainant Ramesh Kumar, Kitabo and Ram Piari became owner of the entire property of deceased Randhir Singh upto the extent of /rd share each through a Will which was executed by the deceased Randhir Singh. The complainant has stated that according to that Will, both Kitabo and Ram Piari were having life time interest and they had no right to alienate or sell the properties. The name of Ramesh Kumar, Kitabo and Ram Piari got entered in the revenue records according to the Will in the year 1974 after the death of the deceased Randhir Singh. On