JUDGMENT

Manisha Batra, J.

CRM-17798-2019

This is an application for condonation of delay of 29 days in filing the application for seeking leave to file the appeal.

For the reasons mentioned in the application, the same is allowed and the delay of 29 days in filing the application for seeking leave to file the appeal is condoned.

CRM-17799-2019

The application is allowed, as prayed for subject to just exceptions.

CRM-A-991-2019

The applicant Smt. Kamlesh Rani who was complainant before the Court of Sub Divisional Judicial Magistrate, Dabwali, had filed Criminal Complaint No.56-1 of 2014 titled Kamlesh Rani v. Vijay Munjal and another alleging therein that the respondents named therein had hatched a criminal conspiracy against her and had committed offences of cheating and forgery and that the respondents No.1 and 2 had also committed offences punishable under Sections 504 and 506 of IPC against her. The trial ended in the acquittal of the present respondents who only had been summoned as accused and the applicant-complainant then filed the instant application for grant of leave to file appeal against the judgment dated 29.01.2019 passed by learned trial Court.

2. The brief facts of the case relevant for the purpose of disposal of this application as emanating from the record are that the applicant filed the aforementioned complaint alleging therein that she had become owner of a house bearing No.171 situated at Ram Nagar Colony, Mandi Dabwali vide a registered sale deed dated 11.05.2009. She had appointed her brother Gulshan Kumar as her power of attorney holder subsequently by executing a power of attorney in his favour on 19.03.2010. Half portion of the abovesaid property was sold by her through her power of attorney holder to one Smt. Anita Rani vide sale deed dated 28.05.2010. Then, vide another sale deed dated 04.07.2013, the said Anita Rani and herself had sold 30 feet x 18 feet 11 inches area of the property jointly owned by them to one Smt. Kamlesh Rani wife of Suresh Kumar. The remaining portion of the said property over which a shop was constructed still remained under the ownership and possession of the complainant.

3. It was alleged that on 09.11.2013, the respondent No.1Vijay Munjal who is her real brother called her on phone and told her to come to his house at Dabwali by representing that they would got entered the name of Yashpal son of the applicant at Sirsa Dera for matrimonial purposes. On his invitation, the applicant along with her son Yashpal had gone to the house of respondent-Vijay Munjal and thereafter he took them to Sirsa Dera wherein they had got entered the name of Yashpal for marriage prospects. On 11.11.2013, the respondent-Vijay Munjal and his wife i.e. respondent No.2-Anju Munjal represented to the applicant that they needed her as a witness for the purpose of filling some form and also needed her photographs and signatures. On that pretext, they took her to Tehsil Office Dabwali wherein they procured her signatures on some blank and some written papers. In the said office, her photographs as well as photographs of respondent-Anju Munjal and one male and female who were unknown to the applicant were also taken. Subsequently, the applicant came to know that the respondents-Vijay Munjal and Anju Munjal in connivance with the remaining persons named in the title of the complaint had procured a sale deed in respect of the shop owned by her as well as the property which was already sold by her to Smt. Kamlesh Rani wife of Suresh Kumar and had thereby cheated her and practised fraud upon her. The complainant c