The concealment of prior ownership during a property sale constitutes prima facie evidence of cheating, while insufficient evidence exists for forgery charges.

ORDER :

PREM NARAYAN SINGH, J.

1. Both the criminal revision petitions have been arising out of the same impugned order, hence both are being decided with this common order. For the sake of convenience, the facts are being taken from CRR No.4467/2022.

2. These petitions have been filed by the petitioners under Section 397 read with Section 401 of Cr.P.C. against the order of framing of charges against the petitioners under Sections 420 , 468 of IPC , 1860 passed by Second Additional Sessions Judge, Mahidpur, District Ujjain in S.T No.11/2022 vide dated 02.11.2022.

3. As per the prosecution story, one Chand Mohmaad Kha Mevati was the owner and in possession of the Land bearing Survey No, 812/1 and 812/2 located at Village Ghosla, Tehsil Mahidpur, Dist. Ujjain, MP. After his death his Legal Heirs, namely, Jaitun Bee and Shankuran Bee D/o Chand Mohmaad Kha Mevati became the owner of the said Property. That, on 28.01.2009 Jaitun bee D/o Chand Kha Mevati sold the survey no. 812/2 to Prakashkuwar w/o Jaswant Singh vide registered sale deed dated 28.01.2009. And on 17.07.2009 Shakuran Bee D/o Chand Kha. Mevati sold the survey no. 812/1 to Hariram s/o Jairamji Jaat vide registered sale deed dated 17.07.2009. Applicant purchased the land bearing Survey No. 812/2 from Smt.' Prakeshkuvar w/o Jaswant Singh and Survey 812/1 from Hariram s/o Jairamji both located at Village Ghosla, Tehsil Mahidpur, Dist. Ujjain, M.P. vide registered sale deed dated 16.11.2009. thereafter Applicant executed registered Power of Attorney in favor of one Vardhman Gadiya s/o Amrutlal Gadiya (petitioner of CRA No.810/2023) to deal with the aforesaid property for the period commencing from 05.01.2012 to 04.01.2013. thereafter in the year 2012 Respondent no.02 Purchased the aforesaid property from Applicant vide registered Sale Deed dated 29.12.2012. On 29.12.2012 Respondent no. 02 filed an Application for Mutation of his name in revenue records with respect to aforesaid property before the Ld. Tehsildar, Ghosla, Tehsil Mahidpur, Dist. Ujjain, MP. One Bherulal s/o Kanchan Singh raised objections before the Ld. Tehsildar in the mutation |proceedings but the said Application was allowed by the Ld. Tehsildar vide its order dated 23.02.2013 and accordingly the name of Respondent no. 02 was mutated in revenue records with respect to the said Property. On 19.02.2013 Respondent no. 02 was added as a party to the ongoing Civil Suit No.65-A/2014 for Declaration of Title and Permanent Injunction on aforesaid property. The said Civil Suit was filed by Bherulal against Prateek Kumar and Others before the Civil Judge, Mahidpur, Dist. Ujjain, MP. which was Decreed by the Ld. Court on 27.04.2015.

4. Thereafter respondent no.02 filed an Appeal before the Ld. ADJ, Mahidpur, Dist. Ujjain, MP challenging the Order dated 27.04.2015 and the said Appeal was dismissed by the Ld. Court vide its order dated 13.08.2019. On 03/07/2018 a Complaint was filed by Respondent no.02 against the Applicant and other co-accused persons namely Vardhman Gadiya s/o Amrutlal Gadiya and Narendra Kumar s/o Sundarlal Nahar. It was alleged by the Respondent no. 02 in the said complaint that in the year 2012 he purchased a land bearing Survey No. 812/1 and 812/2 located at Village Ghosla, Tehsil Mahidpur, Dist. Ujjain, M.P. from Applicant vide registered sale deed dated 29/12/2012 and allegedly paid Rs. 10,00,000/- in lieu of sale consideration. It has been-further alleged by respondent no. 02 that the Sale Deed dated 29.12.2012 was executed by the co-accused Vardhman Gadiya as he was appointed as agent by the Applicant to deal with the said Property vide registered Power of Attorney dated 05.01.2012. It has been further alleged that on 19.02.2013 Respondent no. 02 received summons of Court whereby he was added as a party.

5. It is alleged that the present petitioners were well within the knowledge that the said land was already sold to one Bherulal by registered sale deed dated 07.06.1999. It is also within the kno