1. By this petition filed under Section 482 of Cr. P.C. the
petitioner has sought to challenge the order dated 23.07.2015 passed
by learned Additional Session Judge, Tis Hazari Courts, Delhi in Crl.
Revision No.161/3, whereby the order passed by learned Additional
Chief Metropolitan Magistrate summoning the petitioner in CC
No.138/P/14 was upheld.
2. The brief facts necessary for disposal of the present
petition are that the respondent has filed a complaint u/s 200 Cr.P.C.
alongwith application under Section 156(3) Cr.P.C. for the offences
punishable under Section 420/467/468/471/506/120B IPC against
three accused persons (including petitioner herein)
Crl. M.C.No.4615/2015 Page 1 of 9
with contention that he was induced by petitioner Horam Singh to
enter into a Collaboration Agreement with alleged Ved Prakash
Mahna and his wife Kiran Mahna in respect of property bearing No.
29/39, West Patel Nagar, New Delhi. As the said property was in old
structure, Ved Prakash Mahna offered him to demolish the entire
property and reconstruct the same in four storied building. It is further
alleged that as per agreement, after completion of the building, the
lower ground floor and upper ground floor were to be retained by Ved
Prakash and his wife whereas the first floor and second floor were to
be retained jointly by complainant Raman Monga and petitioner
Horam Singh. It is further alleged that during the course of said
construction work, Ved Prakash fraudulently and dishonestly
executed a registered sale deed dated 28.02.2004 in respect of first
floor in favour of petitioner Horam Singh and Smt. Kiran Mahna
stood witness of the said alleged sale deed. It is further alleged that as
per the collaboration agreement the complainant Raman Monga
and petitioner Horam Singh were in the joint share of first floor and
second floor but the alleged accused persons fraudulently and
dishonestly and without the consent/permission of complainant Raman
Monga, executed the alleged sale deed in respect of the first
floor of the property no. 29/39 in favour of
petitioner Horam Singh. Vide order dated 8th August 2011, Trial Court
dismissed the application u/s 156(3) Cr.P.C. and called upon
the complainant to lead pre-summoning evidence. After obtaining the
pre-summoning evidence, Trial Court vide impugned order summoned
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the accused No. 1 (Ved Prakash Mahna) and accused no. 2
(petitioner) u/s 420 IPC.
Source: Indian Kanoon