This appeal is at the instance of the original accused and is directed against the order passed by the High Court for the State of Telangana at Hyderabad dated 1 of June, 2021 in Criminal Petition No 4687 of 2020 by which the High Court declined to quash the criminal proceedings instituted against the appellant herein at instance of the respondent No 2 (original complainant) and accordingly rejected the application filed by the appellant herein under Section 482 of the Code of Criminal Procedure (CrPC) for quashing of the proceedings.
It is the case of the complainant that in the sale deed dated 09.05.2008, the appellant herein is one of the attesting witnesses. It is the case of the complainant that his signature on the alleged sale deed has been forged as a part of the criminal conspiracy hatched by the appellant herein in collusion with the other co-accused named above.
The record further reveals that the complainant later in point of time also instituted Original Suit No 1343 of 2016 in the Court of the District Judge, Ranga Reddy District at Kukatpally seeking cancellation of the sale deed dated 29.12.2010.
Being dissatisfied with the impugned order passed by the High Court rejecting the quashing application filed by the appellant, the appellant is here before this Court with the present appeal.
If it is the case of the original complainant that a conspiracy was hatched, then in such circumstances why did the police drop the purchaser and the other individuals from the charge sheet stating that they are the bona fide purchasers of the plot in question for value without notice.
The civil suit being the Original Suit
No 1343 of 2016 between the parties is pending wherein the contention of the complainant as a plaintiff is that no sale deed dated 29.12.2010 was executed, whereas the contention of the appellant herein as a defendant in the suit is that the sale deed had been executed by the complainant.
It would not be proper having regard to what has been highlighted by us to permit the complainant to prosecute the appellant on this allegation when the validity of the sale deed is being tested before the Civil Court.
24,08,000/- (Rupees Twenty Four Lakhs Eight Thousand Only) financed by the AXIS Bank Ltd. 24,08,000/-
(Rupees Twenty Four Lakhs Eight Thousand Only) was paid by AXIS Bank Ltd. In such a situation, if civil remedy is available and is in fact adopted, as has happened in the case on hand, the High Court should have quashed the criminal proceeding to prevent abuse of process of court. It shall be open to the Civil Court to take the opinion of the hand writing expert as regards the signature of the complainant on the disputed sale deed.
Case Title: R. NAGENDER YADAV Vs. THE STATE OF TELANGANA (2022 INSC 1285)
Case Number: Crl.A. No.-002290-002290 / 2022
