HC QUASHES FIR ALLEGING CHEATING
◼️By: Zafar Khan
Division bench presided over by ZA Haq and MG Giratkar JJ have quashed FIR registered against Umadevi Agrawal and Abhinav Agrawal.
FIR was registered against Umadevi and Abhinav on the complaint of Suraj Omprakash Agrawal R/o Hiwri Nagar Nagpur. The FIR was registered for offences under sec 420, 418, 468 and 471 of IPC.
The case of the prosecution was that, Smt. Umadevi executed two sale-deeds in favor of the complainant on 20/12/1995 which was registered before the Joint Sub-Registrar, Nagpur – 1.
At the time of execution of sale deed the land was a class 2 land. Therefore when the application for converting the agricultural lands for non-agricultural purpose was filed before the SubDivisional Officer, signature of the complainant was taken on that application.
Subsequently, Smt. Umadevi executed three gift-deeds in favour of the Abhinav (son of the Umadevi) on 20/11/2007, 29/03/2008 and 05/04/2008 in respect of the same field properties. On getting knowledge of the execution of the gift-deeds, the complainant felt cheated and he lodged a report with the Hingana Police Station on the basis of which first information report came to be registered against the applicants on 03/01/2009 for the offences punishable under Sections 420, 418, 468, 471 read with Section 34 of the Indian Penal Code.
It was argued that, execution of sale deed in favour of complainant was only as a security for loan taken from complainant. It was pointed out to the court that certificate dated 29/11/2010 issued by the Branch Manager of Syndicate Bank, Gondia shows that entire loan amount was paid and as such sale deeds were not genuine and the sale-deeds were registered as security for the amount of loan taken by the Umadevi and the amount came to be repaid by cheque as is evident from the certificate dated 29/11/2010.
It was urged that it was a civil dispute which has been given criminal color by complainant.
Adv Mir Nagman Ali assisted by Adv Mayur Jain appeared for applicants.