Rajesh Bindal JUDGMENT
Rajesh Bindal, J.
1. The Appellant having failed before the High Court has filed the present appeal. A prayer was made for quashing of F.I.R. No. 430 dated 16.10.2017 Under Sections 420, 120-B and 506 of the Indian Penal Code, 1860. The petition filed before the High Court seeking quashing thereof was dismissed.
2. Learned Counsel for the Appellant submitted that the Appellant entered into an agreement to purchase a plot measuring 1 (Kanal) on 27.05.2013 with Malkit Kaur, wife of Surender Singh resident of Dhillon Colony, Near Electricity Grid, G.T. Road, Moga, Jagraon, District Ludhiana, Punjab on 27.05.2013. On the basis thereof Appellant entered into an Agreement to Sell the same to Sarabjit Kaur wife of Darshan Singh (Respondent No. 2) on 18.11.2013. The date for execution of sale deed was fixed as 25.06.2014. It was categorically mentioned in the Agreement to Sell that at present the vendor was not the owner of the property. The Appellant received a sum of ` 5,00,000/- as earnest money and the date of registration of sale deed was fixed as 25.06.2014. The date for execution of sale deed was extended to 24.12.2014 on receipt of additional sum of ` 75,000/-. A complaint was filed by Darshan Singh (complainant/Respondent No. 2), son of Jangir Singh on 30.09.2015 with reference to the same alleged Agreement to Sell however against property dealers Manmohan Singh, son of Prakash Singh and Ranjit Singh alias Billa, son of Pal Singh. In the aforesaid complaint, reference was made to two other transactions entered into by Darshan Singh and prayer was that an amount of ` 29,39,500/- be got recovered from the property dealers.
3. The aforesaid complaint was investigated and finally on 18.05.2016, it was opined that the dispute being civil in nature, no police action was required. Darshan Singh made another complaint on 05.10.2016 with the same allegations without disclosing the fate of his earlier complaint. Referring to the earlier enquiry made, the aforesaid complaint was consigned to record on 23.01.2017. Thereafter, another complaint was made by Darshan Singh against the Appellant, Ranjit Singh and Manmohan Singh. It is on the basis thereof that F.I.R. in question was registered Under Sections 420, 120-B and 506 Indian Penal Code against the Appellant, Manmohan Singh and Ranjit Singh.
4. The argument raised by learned Counsel for the Appellant is that the Respondent No. 2 who claims himself to be the husband of vendee had filed two complaints earlier with the same set of allegations and those were consigned to record on the basis of the........