IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-39078 of 2007 Date of decision : 18.1.2010 Gopal Krishan and others … Petitioners Versus State of Haryana and others …Respondents CORAM : HON’BLE MRS.JUSTICE SABINA Present: Mr.Ashwani Talwar, Advocate for the petitioners. Mr.Harinder S.Beniwal, DAG, Haryana. Sabina J. The petitioners have filed this petition under Section 482 of the Code of Criminal Procedure for quashing of the FIR No.225 dated 15.6.2007 (Annexure P-1) registered under Sections 420, 467, 471, 120-B of the Indian Penal Code at Police Station Sadar, Thanesar and all other consequential proceedings arising therefrom. The case of the prosecution as per the FIR is as under:- “It is respectfully stated that Shri Gopal Krishan son of Shri Vishnu Dutt, resident of Umri, had entered into an agreement to sell land and on the basis of the above agreement, he had taken Rs.35 lacs from me as earnest money and the date for registration was fixed. When I went for getting the sale deed registered then the above Gopal Krishan did not turn up for registration. We got our attendance marked on the date of agreement. Thereafter, we conducted inquiries and found that Gopal Krishan is not owner of the land and actual owner is someone else. Thereafter, we went to the actual owner and the actual owner said that I had not entered into any agreement to sell the land. In this manner, the above said persons have joined together and fabricated the documents and appended forged signatures and have embezzled my Rs.35 lacs. The accused are now openly saying that we indulge in frauds and by cheating, we take the money. No body can put any harm to us because we are running a big gang. We cheat the people and swallow their money. They had previously also entered into an Crl.Misc.No.M-39078 of 2007 agreement with me and it looks like that by cheating he intends to swallow that money of mine also. I hereby request you that legal action may be taken against the above accused and Rs.35 lacs, which have been illegally embezzled by them, may be got returned. Action in accordance with law may be taken against these persons so that in future they do not cheat anyone and swallow their money. Action in accordance with law may be taken.” Learned counsel for the petitioners submitted that in fact the complainant had failed to come present before the office of the Registrar on the date fixed for execution of the sale deed and consequently, the amount of earnest money paid by him stood forfeited. Learned State counsel on the other hand, has opposed the petition. In the present case, the prosecution story is that Gopal Krishan was, in fact, the owner of the land in question and had entered into an agreement to sell the said land with the complainant and had taken Rs.35 lacs from the complainant towards earnest money. So far as petitioner Nos.2 and 3 are concerned, it was found during investigation that they had also connived with petitioner No.1 to cheat respondent No.4. During the course of arguments, it transpires that before the trial Court, many prosecution witnesses have already been examined. Since the trial is in progress and keeping in view the seriousness of offence alleged to have been committed by the petitioners, no ground for interference by this Court is made out. Dismissed. [ Sabina ] Judge 18.1.2010 sd 2