Hon'ble Suneet Kumar, J.

The opposite party no. 2 filed an application under Section 156(3) Cr.P.C. which was converted into a complaint case by the learned Magistrate. It was alleged that the opposite party no. 2 the complainant is a Doctor by profession, on attaining the age of superannuation retired as Head of a Department of a Medical College at Agra, thereafter, commenced private practice at Agra.

It is further alleged that the opposite party no. 2 is the owner and in possession of House No. 177/6/Q, Sharda Nagar at Kanpur Nagar. The complainant received summons in a suit instituted by the applicant for recovery of Rs. 11,51,000/- and for permanent injunction restraining the complainant from disposing or selling the property in dispute until the sum is not returned. It was further alleged that the opposite party no. 2 visited the civil court and upon perusal of the record of the suit it transpired that the applicant in connivance with the other co-accused committed forgery by preparing a receipt of the sum purportedly to have been advanced to the complainant for sale of the property at Kanpur. It was alleged that the accused are neither known nor have ever met the o