The execution of an agreement to sell containing false recitals of ownership, without fabricating the document itself or deceiving a party into parting with property, does not constitute the offences of forgery or cheating under the Indian Penal Code.

Sr. No.115

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Whether only operative part of the judgment is

Pronounced or the full judgment is pronounced: operative part/full judgment

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MANDEEP PANNU, J.

1. The present criminal revision has been filed against the impugned judgment dated 08.05.2017 passed by the learned Additional Sessions Judge, Fatehabad as well as judgment/order dated 29.01.2015/ 02.02.2015 passed by the learned Sub Divisional Judicial Magistrate, Tohana.

2. Brief facts of the case, as borne out from the record, are that a complaint was received at Police Station City Tohana which was referred to the Senior Superintendent of Police, Fatehabad, wherein the complainants namely Daljit Singh and Jagjit Singh @ Jagga Singh sons of Sunder Singh, residents of village Simbalwala, Tehsil Tohana, District Fatehabad alleged that on 03.02.2010 accused Harinder Pal Singh son of late Gurbachan Singh had purchased a stamp paper in his own name and executed an agreement to sell (Ikrarnama Beh) in favour of Joginder Singh, Darshan Singh and Bahadur Singh with respect to a piece of land measuring 401 square yards situated in village Simbalwala, by falsely representing himself and his brothers namely Harsimran Singh, Gurmeet Singh and Jasbir Singh to be the owners in possession of the said property. It was specifically alleged that the accused had no right, title or interest in the said property. The ownership of the property in question was claimed by complainant Daljit Singh on the basis that Gurbachan Singh (father of the accused), during his lifetime, had executed a registered gift deed bearing No. 688 dated 14.08.1970 in favour of Daljit Singh, whereby the house along with courtyard was gifted to him and he accordingly became owner in possession of the said property. It was further stated that after execution of the said gift deed, Gurbachan Singh left the village and did not reside there for residential purposes. After his death, the accused and his brothers had already sold their agricultural land to the extent of their respective shares and had no land left in the abadi deh of the village. It was further the case of the complainants that as per the record of Abadi Deh of the Simbalwala for the year 1993-94, the complainants were joint owners in possession of house No.1 along with courtyard measuring 1285 square yards out of total land measuring 1718 square yards, whereas a portion measuring 433 square yards had fallen to the share of their brother Balwant Singh in a family partition dated 16.04.2007. Thus, according to the complainants, the accused and his brothers had no concern whatsoever with the property in dispute. Despite having no title, the accused, by misrepresenting facts and falsely claiming ownership, executed the aforesaid agreement to sell in favour of third persons.

3. It was further alleged that the said agreement to sell was null and void and had no legal sanctity and by executing the same, the accused caused wrongful loss to the complainants and wrongful gain to himself and the proposed vendees. On the basis of the said allegations, investigation was conducted. After completion of investigation, challan was presented before the Court and charge was framed against the accused under Sections 420, 467, 468 and 471 IPC. Thereafter, the prosecution led evidence in support of its case. Upon appreciation of the evidence on record, the learned trial Court held the accused guilty and convicted him for the offences under Sections 420, 467, 468 and 471 IPC and sentenced him to undergo rigorous imprisonment for a period of three years along with a fine of Rs. 2,000/-, vide judgment/order dated 02