TMI Blog2000 (3) TMI 1105X X X X Extracts X X X X X X X X Extracts X X X X ..... to as the Society) a cooperative socieity engaged in purchasing land from different persons and after developing and dividing it into small pieces selling the plots to different customers. The appellants agreed to sell the land in village Srinagar to respondent no. 2 for a consideration of ₹ 16,00,000. The respondent paid a sum of ₹ 11,00,000 to the appellants by way of drafts drawn in their favour on 7.12.92. The appellants executed a registered sale deed in respect of the land in favour of the Society. It is the case of the appellants that on insistence of respondent no.2 two other brothers of the appellants signed the sale deed as witnesses. By way of a further safeguard the appellants executed a separate indemnity deed on the same day in which they undertook to indemnify any loss caused to the society on account of any objection which may be raised by any co-sharer against transfer of the land in future. The appellants assert that they have delivered possession of the land to the society on the same day. Another brother of the appellants Priya Ranjan Prasad Verma also executed a sale deed in favour of the society alienating his portion of the land. On reg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e FIR filed a charge-sheet against respondent no. 2 and Avdesh Narayan Rai. The appel- lants also filed three suits for realisation of the amount due to them. Shortly thereafter on 14.12.1995 the respondent no. 2 filed complaint no. 1282/95 in the Court of the Chief Judicial Magistrate, Siwan against the appellants alleging commission of offences under section 418 (Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect), section 420 (Cheating and dishonestly inducing delivery of property), section 423 (Dishonest or fraudulent execution of deed of transfer containing false statement of consideration), section 469 (Forgery for purpose of harming reputation), section 504 (intentional insult with intent to provoke breach of the peace) and section 120B IPC (criminal conspiracy). It is the case of the appellants that the FIR was filed as a counter blast to the criminal case and the civil suits filed by them against the respondent No. 2. In the complaint respondent no. 2 alleged inter alia that by conspiring together all the accused have defaulted and cheated the society and the complainant by giving false, concocted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... advance consideration money. But the accused did not agree to the proposals of the complainant saying that they will execute an agreement to the effect that in case of any future trouble to the Society, the executant i.e. the accused will be liable to compensate the Society. Thus the complain-ant, seeing no alternative, agreed to the proposal of the accused to execute sale deeds in respect of entire lands and sale deeds were executed accordingly. That in the meantime, some days after the execution of the said sale deed, the complainant came to know that Title Suit No. 118/90 tiled by Akhil Ranjan Prasad Verma, one of the six brothers of the accused as plaintiff against Priya Ranjan Prasad Verma five others as defendants was subjudice in the court of Sub-Judge-Ill, Siwan, long before the starting of the negotiation for the sale and purchase of said land. Besides, another suit bearing no 68/83, Nagendra Nath Sinha Others-plaintiffs v. Singhoshani Devi and Ors., defendants has also been pending in the Court of Munsif-1 Siwan from long before the starting of the negotiation of sale and purchase of the said land. The accused had concealed these facts from the complainant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code. (3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused. (4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code. (5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. (6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is institu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t person in body, mind, reputation or property, is said to cheat . Explanation - A dishonest concealment of facts is a deception within the meaning of this section. The section requires - (1) Deception of any person. (2) (a) Fraudulently or dishonestly inducing that person (i) to deliver any property to any person; or (ii) to consent that any person shall retain any property; or (b) intentionally inducing that person to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body mind, reputation or property. On a reading of the section it is manifest that in the definition there are set forth two separate classes of acts which the person deceived may be induced to do. in the first place he may be induced fraudulently or dishonestly to deliver any property to any person. The second class of acts set forth in the section is the doing or omitting to do anything which the person deceived would not do or omit to do if he were not so deceived. In the first class of cases the inducing must be fraudulent or dishonest. In the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
