Brig. Sukhjeet Singh (Retd), Mvc vs The State Of Uttar Pradesh

3.3 In pursuance of the Trust Deed and the Resolution dated 18.10.1989, a Memorandum of Understanding (MOU) was entered with Scinde Horse Trust and respondent No.2-Shri Hargursharan Singh (complainant) and other purchasers for purchase of the land. The MOU also contained a condition that payment was required to be made by pay order or by bank draft only in the favour of Scinde 3 Horse Trust. On 28.04.1991, another MOU was executed between Shri Hargursharan Singh (complainant) and other purchasers by which complainant was to acquire 40 acres of land at the rate of Rs.44,000/45,000/- per acre of land. On 03.07.1991, the complainant paid an amount of Rs.100,400/- to Col. Ravi Inder Singh as an earnest money.

3.4 The land being not sold to the complainant, he lodged a First Information Report on 21.12.1991. The case of complainant in the First Information Report was that although complainant agreed to purchase the land of trust at the rate of Rs.44,000/45,000/- and he paid a sum of Rs.100,400/- on 03.07.1991 to Col. Ravi Inder Singh as an earnest money, who assured him that sale shall be executed till 08.07.1991, however, till date, sale has not been executed and accused persons are not ready and willing to execute the sale deed. Complainant further came to know that no permission for the sale of the 4 trust land has been given to the accused persons by the Court. On those allegations, FIR was lodged under Section 420/406 IPC. 3.5 Almost similar allegations were made by one Shri Fateh Singh against the same accused wherein Shri Fateh Singh claimed that he has paid an amount of Rs.75,600/- as an earnest money to Col. Ravi Inder Singh on 03.07.1991 and sale having not been executed, the FIR be registered.

3.6 On FIR filed by the complainant, case Crime No. 315/1991 was registered under Section 420/406 IPC and on FIR submitted by Shri Fateh Singh, case Crime No. 315-A of 1991 was registered under Section 420/406 IPC. On investigation, in both the crime numbers, charge sheet was submitted under Section 419, 420, 467, 471 and 120-B IPC.

3.7 The appellant, who was one of the accused alongwith other accused filed a Criminal 5 Misc. Application No. 6027 of 1993 and 6028 of 1993 praying for quashing the FIRs in case Crime No. 315 of 1991 and 315-A of 1991 and the orders summoning the accused persons by Chief Judicial Magistrate, Rampur. 3.8 The High Court while noticing the facts of the case noted from both the complaints that receipt of the amount of Rs.1,75,000/- from Shri Hargursharan Singh and Shri Fateh Singh is admitted. High Court further noticed that stamp papers worth Rs.1,75,000/- have been purchased. High Court also noticed that it is admitted fact that permission to sell trust land was applied in the Court of District Judge, but the same was refused on the ground that proper order in that respect can be passed in proceedings under Section 92 of Code of Civil Procedure which was not done. The High Court also noticed that petitioners obtained information from two eminent jurists, including Mr. Soli Sorabji, who opined that the trustees have power to 6 sell the trust land in the instant case. The High Court after noticing the facts had made following observations while deciding the applications:-

21.11.2012. Thereafter, evidence of defence was also recorded and trial court delivered 8 its judgment on 07.10.2013 convicting the appellant under Section 420 read with Section 34 IPC and awarded sentence of five years simple imprisonment and fine of Rs.25,000/-. The other co-accused Col. Ravi Inder Singh having died during the trial, the appellant was taken into custody and sent to the prison.

24. We, thus, come to the conclusion that in the present case, the Appellate Court has failed to 29 exercise its jurisdiction under Section 391 Cr.P.C. and has committed error in rejecting the applications under Section 391 Cr.P.C. (14 Kha and 17 Kha). The order of the Appellate Court dated 02.11.2015 as well as order of the High Court dated 15.03.2016 are set aside. The applications 14 Kha and 17 Kha stand allowed. We further direct that appellant be permitted to lead oral evidence to prove the contents of the Deed dated 18.10.1989 by leading at-least one witness. The Appellate Court shall receive the additional evidence as directed above and complete the exercise within six months from the date of production of certified copy of this order before it. The Criminal Appeal, thereafter shall be decided expeditiously. The appeal is allowed accordingly.