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2023 Supreme(P&H) 285
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SURESHWAR THAKUR, KULDEEP TIWARI, JJ.
Raj Mohinder Pal Verma – Appellant
Versus
State of Haryana and Another – Respondents
CRM-A No. 424 of 2022
Decided On : 08-08-2023
Advocate Appeared:
For the Appellant : Hemant Bassi.
For the Respondent: P.P. Chahar.
Lack of knowledge and mens rea can be a defense in cases of fraudulent property transfer.
Headnote:
Fraud - Property Dispute - IPC 420, 467, 468, 471, 406, 120-B - The court discussed the Civil Suit No. 2331/2013 and the decree of permanent prohibitory injunction, and highlighted the illegal sale deed and the violation of the court order. The accused were acquitted due to lack of knowledge and mens rea.
Fact of the Case:
The complainant, a former Gazetted Officer, alleged that the accused engaged in a fraudulent conspiracy to grab his property through forged documents and illegal sale deeds.
Finding of the Court:
The court found that the accused lacked knowledge of the civil dispute and the court orders, leading to the acquittal.
Issues: Fraudulent property transfer, violation of court orders, lack of mens rea
Ratio Decidendi: The accused's lack of knowledge of the civil dispute and court orders led to the acquittal.
Final Decision: The special leave to appeal was declined, and the acquittal verdict was maintained. The plaintiffs were advised to seek civil remedies before the Civil Court.
JUDGMENT :
SURESHWAR THAKUR, J.
CRM-12958-2023
1. The application is allowed subject to all just exceptions and the judgment and decree dated 14.09.2022, as passed by the learned Additional Civil Judge (Senior Division) Ambala in Civil Suit No. 2331 of 2013, is taken on record as Annexure A-1.
CRM-A-424-2022
2. Through the instant application, the appellant seeks special leave to appeal against the verdict of acquittal, as made by the learned Chief Judicial Magistrate, Ambala on 24.11.2021, on complaint No. 20 of 2014.
Factual Background
3. Briefly stated the facts of the complaint are that complainant was Ex-Class-1 Gazetted Officer and Senior Scientist, Bhabha Atomic Research Centre, Department of Atomic Energy Mumbai. He alleged that Shri Dasondhi Ram Son of Shri Gobind Ram was the owner in possession of shop-cum-flat No. 162/9502 & 163/9503 located at Ward No. B-5, Sarafa Bazar, Ambala City. It is alleged that he was doing business of Goldsmith for more than 70 years in the said premises. It is alleged that the shop-cum-flat No. 162/9502 & 163/9503 is recorded in the ownership column as Desondhi Ram as owner in the Municipal Records of House Tax Register of Municipal Committee of Ambala City. It is alleged that after the death of Shri Desondhi Ram, his two sons Raj Mohinder Pal and Rajinder Prasad became the owners and after the death of Shri Rajinder Prasad and his wife Kanta Verma, he and his nephew Upendra Verma became the owners and in possession of shopcum- flat No. 162/9502 and 163/9503, located at Ward No. B-5, Sarafa Bazar, Ambala City. It is alleged that ownership in ownership column of Municipal records has been changed from Shri Desondhi Ram to Madhavi Luthra wife of Rajesh Luthra without any knowledge of complainant and his brother or his legal heirs. Further submitted that no power of attorney or sale deed has been executed by us in favour of Madhavi Luthra or anybody for that matter. Further submitted that it has been done by accused Rajesh Luthra, Madhavi Luthra and others based on forged and fabricated documents. It is alleged that Rajesh Luthra accused is doing the business of jewellery in the name of Luthra Jewellers and the shop-cum-flat is located in prime jewellery market, Sarafa Bazar on main road. It is alleged that he wanted to purchase the property from complainant but he refused as it was memorial of his father. Further submitted that accused threatened that by any means by hook or crook, he will grab the property. Further submitted that he hatched a criminal conspiracy with Satya Devi, Rajesh Kumar, Anil Verma, Rohit Luthra and one lady Laxmi Devi to grab the property of the complainant. Further submitted that the transfer of property in the name of Madhavi Luthra has happened when civil suit was going on and stay was granted by the Court. Further submitted that Rajesh Luthra was a mischievous person and knows all ways and means to grab the property. Further submitted that his master mind has done a very unique fraud through which property of anyone can be sold / purchased just by obtaining power of attorney from any third person, who is not even the owner and making it record by converting into sale deed and taking legal sanctity by registering it with the Sub-Registrar. The power of attorney was executed at a place where property was not located and nobody including the executor and receiver resided there. Further submitted that nobody saw or checked the ownership of the property both at issuing power of attorney and registering the sale deed. Further submitted that it also raises question on State to protect the property of person who stays outside to earn their livelihood. Further submitted that Rajesh Luthra obtained two power of attorneys executed at Chamkaur Sahib, where neither property was located nor the executor and receiver resided. Further submitted that one power of attorney was from one lady Laxmi Devi No. 93/4 dated 18.4.2001. It was in favour of two persons Satya Devi and Rajesh Kumar L
