It is further alleged that present applicant, Jai Prakash Soni and Patwari Bhagchand Kourav send this case to the Board of Revenue, Gwalior.Complainant also alleges in the FIR that his sister's name recorded in Khasara No.236/1, but in this area, a land recorded is a temple land, he has neither donated for any temple nor constructed any temple.The applicant and other person Jai Prakash Soni and village Patwari Bhagchand Kourav hatched the conspiracy and recorded wrong name in the revenue record by playing fraud.Actual place of incident is village Chichali where the land is situated.(a) A, by falsely pretending to be in the Civil Service, inten- tionally deceives Z, and thus dishonestly induces Z to let him have on credit goods for which he does not mean to pay.A cheats.(b) A, by putting a counterfeit mark on an article, intentionally deceives Z into a belief that this article was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for the article.A cheats.(c) A, by exhibiting to Z a false sample of an article, inten- tionally deceives Z into believing that the article corresponds with the sample, and thereby, dishonestly induces Z to buy and pay for the article.A cheats.(d) A, by tendering in payment for an article a bill on a house with which A keeps no money, and by which A expects that the bill will be dishonored, intentionally deceives Z, and thereby dishonestly induces Z to deliver the article, intending not to pay for it.A cheats.(e) A, by pledging as diamonds article which he knows are not diamonds, intentionally deceives Z, and thereby dishonestly induces Z to lend money.A cheats.(f) A intentionally deceives Z into a belief that A means to repay any money that Z may lend to him and thereby dishonestly induces Z to lend him money.A not intending to repay it.A cheats.(g) A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of indigo plant which he does not intend to deliver, and thereby dishonestly induces Z to advance money upon the faith of such delivery.A cheats; but if A, at the time of obtaining the money, intends to deliver the indigo plant, and afterwards breaks his contract and does not deliver it, he does not cheat, but is liable only to a civil action for breach of contract.(h) A intentionally deceives Z into a belief that A has 9 performed A's part of a contract made with Z, which he has not performed, and thereby dishonestly induces Z to pay money.A cheats.(i) A sells and conveys an estate to B. A, knowing that in consequence of such sale he has no right to the property, sells or mortgages the same to Z, without disclosing the fact of the previous sale and conveyance to B, and receives the purchase or mortgage money from Z. A cheats."(Delivered on 03.04.2019)2. Facts giving rise to this petition, in short, are that Dhannalal Soni lodged a written report to the Superintendent of Police Narsinghpur on 25.04.2017 and also lodged FIR in Police Station Narsinghpur for the offence punishable under Sections 420 and 406 of IPC against the applicant with two other persons namely; Bhagchand Kourav and Jai Prakash Soni alleging in both the complaint that the land situated in Khasara No.236 area 1.40 acares recorded in the name of of his mother Makkhan Bai and after the death of Makkhan Bai, the names of her five sons namely Dhannalal Soni 2 (complainant), Tekchand Soni, Vijay Soni, Subhash Soni and Poonam Soni and two daughters; Asha Soni and Vimla Soni were jointly recorded in the revenue record along with other co-owners Jai Prakash Soni and Omkar Singh Soni.Lateron Jai Prakash Soni and Omkar Singh Soni sold out their share to some person and only share of complainant-Dhannalal Soni, his brothers and sisters remained.Lateron, Dhannalal Soni came to know that Jai Prakash Soni, Village Patwari Bhagchand Soni and present applicant Hemraj Kourav under conspiracy got recorded the name of present applicant in place of complainant Dhannalal Soni and his brothers in the area 0.121 Hectare.He has not sold any land to present applicant.Dhannalal Soni filed the appeal against the order of mutation before the Court of SDO (Revenue) Gadarwara, case is pending there.Police Station Narsinghpur after registering the Crime No.0/17 send the FIR to Police Station Chichali District Narsinghpur where Crime No.102/2017 was registered against the applicant and other accused.During investigation revenue record Khasara No. 236/1 and 236/2 and other 3 revenue records were seized and sale deed, on that basis the name of present applicant were recorded in the revenue record was also seized.Being aggrieved by this criminal proceedings, the applicant filed this petition under Section 482 of Cr.on the ground that he had purchased a part of the land which falls 1/6th [0.09 hectare] share of the total land with the consent of sons of Pannalal i.e. Vijay, Tekchand, Subhash and Bablu on 20.02.1995 and on that basis, applied for recording the name in the revenue record.Thereafter, mutation was done vide order dated 17.05.1995 and in the year 2000, the land was diverted for the commercial purpose and constructed a Hotel thereupon.After a lapse of 19 years complainant Dhannalal, out of greed challenged the mutation order dated 17.5.1995 (Annexure-D-4) before the SDO Gadarwara on 25.2.2014 which is still pending and on 27.04.2017 i.e. after a lapse of 23 years, lodged a complaint before the Police Station Narsinghpur and send a written complaint to the Superintendent of Police, Narsinghpur.Learned Senior counsel for the applicant submits that applicant has falsely been implicated in the case whereas, he has not committed any offence.The dispute between the applicant and complainant Dhannalal is purely of civil nature.Applicant purchased the land near about 23 years ago and complainant remained silent for a period of 23 years.Complainant- Dhannalal can file a civil Suit for declaration of their title and to declare the sale deed and mutation order as null and void before the trial Court but he 4 has filed criminal complaint for blackmailing the applicant.The ingredients of Sections 420 and 409 of IPC prima facie has not made out against the applicant.Most of the purchaser got mutated their name in the revenue record.The complainant lodged a forged and fictitious complaint and prayed to set aside the criminal case and criminal proceedings initiated against the applicant.Learned Govt. Adv.for the State vehemently opposes the aforesaid prayer and submitted that there is prima facie material collected during investigation against the applicant and on that basis, the learned trial Court has taken the cognizance of the offence punishable under Sections 406 and 420 of IPC and prayed to dismiss the petition.Heard counsel of both parties and perused the case diary of Crime No.102/2017 registered at Police Station Chichali District Narsinghpur.It is not disputed that the Makkhan Bai is the wife of Pannalal Soni, they have five sons namely Dhannalal Soni, Vijay, Tekchand, Subhash and Bablu and two daughters Asha Bai and Vimla Bai.After the death of Makkhan Bai and Pannalal, the names of the aforesaid legal heirs were jointly recorded in the revenue record.The name of Jai Prakash Soni and other persons were also recorded in the revenue record jointly.Complainant alleged that he and his brothers have not put their signature on the sale deed nor they have given their consent for mutation.It is also undisputed fact that complainant has not filed any Civil Suit for declaration of their title and declaration of sale deed and mutation order as null and void.Complainant Dhannalal further alleged in the FIR and in the statement recorded during investigation that the name of his sisters Asha and Vimla remained in the revenue records and his share is separated as Khasara No.236/1 and also mentioned in the FIR that person who purchased the piece of land constructed their house and some have not constructed the house.In the statement recorded under Section 161 of Cr.P.C., he also stated that his sisters Vimla and Asha in the year 2012 sold out the plot to one Rashid Khan by registered sale deed but did not obtain consent of the complainant and his brothers.In the same manner, Jai Prakash Soni, who recorded as co-owner also sold the land to Hari Om Choudhary and not obtain the consent of Complainant-Dhannalal and his brothers.The complainant further stated that the land comes in the share of Pannalal, father of complainant, is .70 decimal.After the death of Pannalal, five brothers and two sisters succeeded ten decimal land equally falls in the share of each successor.He further stated that his sister sold out the land but he has not raised any objection because she might have sold his own share.Complainant Dhannalal and his brothers denied for the signature.Thereafter, applicant got mutated his name in the revenue record.This is purely a civil dispute.The complainant lodged a complaint against the applicant after a lapse of 23 years.It is contended by the Senior counsel for the applicant that NTPC in the year 2012 had acquired some land for set up Super Thermal Power Project near Chichli as a result of rise in the price of land complainant out 7 of greed had challenged the mutation order after a lapse of 19 years in order to create pressure on the applicant.The allegations made in the FIR and the criminal case appears to be of civil nature.

Cited provisions: Section 420 in The Indian Penal Code; Section 406 in The Indian Penal Code; Section 155 in The Indian Penal Code; Section 415 in The Indian Penal Code; Section 409 in The Indian Penal Code; Section 156 in The Indian Penal Code