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2023 Supreme(P&H) 389

SANJIV BERRY
Naresh Kumar – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
Mr. G.S. Sandhu, Advocate, for the Appellant; Mr. Vishal Malik, DAG, Haryana, for the Respondent.

JUDGMENT

Sanjiv Berry, J. - Instant petition has been preferred under Section 482 Cr. P.C. for quashing of the order dated 22.01.2020 passed by learned Additional Chief Judicial Magistrate, Karnal,(Annexure P-4), whereby the application filed under Section 311 Cr. P.C. had been partly declined.

2. In nutshell, the case of the petitioner is that the FIR No. 83 dated 04.02.2014 under Sections 406, 420, 467, 468, 471, 506, 120-B IPC was got registered at Police Station Sadar, Karnal, (Annexure P-1) by the petitioner on account of fraud being played by the accused by selling non-transferrable land to him on the basis of forged documents. As per the complainant- Naresh Kumar, (the present petitioner), the accused, namely Kishore Singh, and his wife, namely Rajkumari Singh, had shown him the jamabandi and the site plan of the land and finally the deal was settled for Rs. 19,04,000/- with the accused and Rs. 12,12,000/- with his wife and the complainant paid Rs. 50,000/- each to them as earnest money and thereafter an agreement to sell dated 13.07.2012 was executed. Later, the complainant paid another sum of Rs. 1,50,000/- each to them as earnest money. The other accused also actively parti

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