Advocates:
Advocate Appeared:
For the Appellant :Mr. Sandeep Kumar Yadav, Advocate
For the Respondent:Mr. J.P Sharma, Advocate

JUDGMENT :

Harpreet Singh Brar J. (Oral)

The petitioner has approached this Court by filing present petition under Section 482 of the Code of Criminal Procedure seeking quashing of the impugned order dated 09.10.2018 (Annexure P-4) passed by learned Additional Sessions Judge, Narnaul vide which the order dated 15.09.2016 (Annexure P-2) passed by learned Judicial Magistrate Ist Class, Narnaul while directing the same to restore the case and pass a summoning order. 

FACTUAL MATRIX

2. The facts, in brief, are that allegedly, petitioner no.1 acting as the General Power of Attorney of petitioner no.2 (owner in possession), executed an agreement to sell on 24.12.2014 qua land measuring 18 marlas for a sale consideration of Rs. 6,37,500/-. Out of the aforesaid amount, Rs. 4,96,000/- was paid by the respondent as earnest money to petitioner no.1 and 2 and the balance amount of Rs. 1,41,500/- was agreed to be paid on the date of execution of the aforesaid sale deed, i.e., 24.12.2105. When on 24.12.2015 the respondent requested petitioner no.1 and 2 to execute the agreement to sell dated 24.12.2014, the petitioner no.1 and 2 assured that they would be present at the office of the Sub-Registrar but did not come. The respondent remained present at the office with the balance sale consideration but to no avail. When the respondent made an inquiry on her own and found out that instead of executing the sale deed in favour of the respondent who was willing to pay the balance sale consideration, the petitioners being members of the same family, in connivance with each other and in order to cause wrongful loss to the respondent, transferred the aforesaid land in the name of petitioner no.3 by way of sale deed dated 21.08.2015 and even the necessary mutation was also sanctioned on 24.09.2015 in favour of petitioner no.3.

3. Thereupon, the respondent filed a suit for specific performance against the petitioners and in alternative, prayed for recovery of an amount of Rs. 6,37,500/- and also challenged the sale deed dated 21.08.2015. The learned Civil Court, Narnaul, decreed the same vide judgement and decree dated 25.08.2017 (Annexure P-1) in favour of the respondent for recovery of Rs. 4,96,000/- along with interest @ 8% per annum from 25.12.2014 till realization within 3 months from petitioner no.2, after observing that even though Rs. 4,96,000/- was paid out of Rs. 6,37,500/- by the respondent but the possession was not handed over to her, thereby, pointing towards the fact that the aforesaid transaction was for the security of loan as alleged by the petitioners-defendants before the said Court.

4. Thereafter, the respondent filed a complaint case against the petitioners under Sections 419, 420, 467, 468, 471 and 120-B IPC. The learned trial Court dismissed the same vide order dated 15.09.2016 (Annexure P-2) after observing that the respondent-complainant failed to point out the manner in which the petitioners cheated her or if any wrongful loss to her or any wrongful gain to the petitioners-accused had been caused in the said transaction.

5. Aggrieved by the decision of the learned trial Court, the respondent preferred a revision petition against the same before the learned Additional Sessions Judge, Narnaul which was allowed vide order dated 09.10.2108 (annexure P-4) and the learned trial Court was directed to restore the said case and to pass summoning order in accordance with law. The learned Revisional Court recorded that the petitioners-accused had an intention to cheat and defraud the respondent-complainant and as the petitioners had also usurped the earnest money, Section 420 and 406 IPC would be attracted. Aggrieved by the aforesaid order, the petitioners have approached this Court by way of the present petition.

CONTENTIONS

6. The learned counsel for the petitioners inter alia contends that a criminal colour is being given to a civil dispute by the respondent as it was only a dispute of civil nature between the parties regarding agreement to s