Delhi District Court
Preeti Gupta vs . Ms. Ritu on 13 January, 2014
Page 1 of 4
IN THE COURT OF MS. NAVITA KUMARI BAGHA, MM, NEW DELHI
CC No. 57/1/11
Preeti Gupta
W/o Sh. Raj Kumar Gupta
R/o B4/123, Sector8,
Rohini, Delhi110085.
........... Complainant
Versus
Ms. Ritu
R/o B3/472, Paschim Vihar,
New Delhi.
............. Accused
Criminal Complaint U/Sec.200 Cr.P.C. against the accused for committing
offences of cheating and forgery
ORDER ON SUMMONING:
1.The complainant had filed a complaint on 21.09.2011 U/Sec.200 Cr.P.C. against the accused for committing offences of cheating and forgery. The brief facts of the case as narrated in the complaint are as follows : The complainant is a bona fide purchaser of premises bearing no. B3/472, Paschim Vihar, New Delhi as the same was purchased by her in the year 2004 from Sh. Gyan Prakash Gupta vide registered sale deed but the possession of the said premises could not be handed over to her as the premises was in illegal possession of the accused Ritu and her mother Vijeta. The complainant filed a Civil Suit for possession against the accused which was decreed in her favour vide judgment dated 28.01.2011. On 29.04.2011, the complainant had come to the Court of Sh. Tarun Yogesh, Ld. MM, Delhi to attend Court proceedings against the accused and the accused approached her and offered to enter into a settlement regarding the CC No.57/1/11 Preeti Gupta Vs. Ms. Ritu Page 2 of 4 abovesaid suit and decree. The complainant showed her inclination for compromise as accused was crying that in case the decree got executed, she and her children would come on road. The accused demanded Rs.32 lacs for handing over the peaceful possession of the abovesaid premises and for not filing an appeal against the decree dated 28.01.2011 and the complainant agreed for the same and gave a sum of Rs.50,000/ in advance to the accused on 12.05.2011 and again gave Rs.30,000/ on 13.06.2011. But the complainant came to know that despite the abovesaid understanding and payment, the accused filed an appeal against the decree and when questioned by the complainant, she flatly refused and said that she had not filed any appeal. On 20.05.2011 she gave an affidavit also in this regard. On 02.06.2011, the complainant came to know from the Hon'ble Court of Sh. Pitamber Dutt, Ld. ADJ, Delhi that the accused had already filed an appeal on or before 11.05.2011 and the matter was stayed. When the complainant inquired from the accused as to why she had made a false statement and gave a false affidavit, she requested that she has committed a mistake but still ready to honour the compromise/understanding and to handover the possession of the premises. She signed the compromise deed and also an application alongwith affidavit, meant for withdrawing the appeal filed by her and also received Rs.30,000/ from the complainant against the receipt dated 13.06.2011. But when on 14.06.2011, the said application for withdrawal was to be filed before the Registrar of Hon'ble High Court of Delhi for withdrawal of the appeal, she cheated the complainant by staging a drama of her abduction and did not appear before the Registrar for filing of the said application. The intention of the accused was dishonest since the very beginning and she had deceived the complainant on false promise and false documents and compelled the complainant to give her money and thus, committed an offence of cheating and forgery for which she is liable to be prosecuted.
2. In presummoning evidence, the complainant examined herself as one and only CC No.57/1/11 Preeti Gupta Vs. Ms. Ritu Page 3 of 4 witness i.e. CW1.
3. I have heard the arguments on the point of summoning from counsel Sh.
Ghanshyam Mishra for the complainant and perused the record. The complainant/CW1 has deposed on similar lines of her complaint filed U/Sec. 200 Cr.P.C. She has categorically deposed that after passing of judgment and decree dated 28.01.2011 in Civil Suit for Possession in her favour and against the accused, the accused approached her and started crying and told her that she wanted to compromise the matter as her daughter was sick and they would not be having any place to go in case the decree was executed against them and demanded Rs.32 lakhs in lieu of handing over the possession of the property bearing no.B3/472, Paschim Vihar, and for not filing appeal against abovesaid judgment and decree. She has further deposed that since the complainant did not want to go for further litigation, she became agreeable for the same and paid Rs.50,000/ to the accused on 12.05.2011 and the accused gave her duly attested affidavit Ex.CW1/2 of entering into an agreement with her. CW1 has further deposed that the accused had taken Rs.30,000/ thereafter from her on 13.06.2011 vide receipt Ex.CW1/4 and the accused gave her an application Ex.CW1/6 duly signed by her supported by her attested affidavit, which was meant to be filed before the Hon'ble High Court in view of the compromise arrived at between them. She has further deposed that though the accused had taken Rs.80,000/ from her and given affidavit to her on 20.05.2011 for not filing any appeal against her but later on she (CW1) came to know that the accused had already filed appeal before the Hon'ble High Court and obtained order Ex.CW1/X. She has further deposed that the accused had CC No.57/1/11 Preeti Gupta Vs. Ms. Ritu Page 4 of 4 cheated her and obtained Rs.80,000/ from her and has not complied with the duly entered agreement and affidavit and has obtained money from her on false representation that she would not challenge the decree. Thus from the testimony of the CW1 and the material on record, primafacie it appears that the accused has committed the offences of cheating and forgery and thus prima facie a case U/Sec.420/468 IPC is disclosed against the accused and accordingly she be summoned for the said offences on filing P.F&R.C. for 31.03.2014.
(Announced in open
Court on 13.01.2014) (Navita Kumari)
MM/New Delhi
CC No.57/1/11
Preeti Gupta Vs. Ms. Ritu
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CC No. 57/1/11
09.01.2014
File taken up today as order of Hon'ble High Court of Delhi bearing no.1/DHG/Gaz./G I/VI.E.2(a)/2014 dated 08.01.2014 regarding transfers/postings in Delhi Higher Judicial Service is received and as per the said order the undersigned has been posted as ADJ01, South, Saket w.e.f. 15.01.2014. It has been ordered by the Hon'ble High Court that the orders/judgments reserved by the Courts are to be pronounced before relinquishing the charge in terms of postings/transfers and if any matter is fixed beyond the effective date of postings/transfers, then the said matter is to be preponed and the order/judgment is to be pronounced before relinquishing the charge of the Court. So accordingly the date of pronouncing judgment in this case is preponed to 13.01.2014. Court notice be issued to the Applicant and her counsel.
(Navita Kumari) MM/ND/09.01.14 CC No. 57/1/11 13.01.2014 Present: Sh. Gyan Praksh Gupta, fatherinlaw of the complainant.
Vide separate order on summoning, the accused Ritu Gupta is ordered to be summoned for the offences punishable U/Sec.420/468 IPC. Issue summons against her on filing PF and RC for 31.03.2014.
(Navita Kumari) MM/ND/13.01.2014 CC No.57/1/11 Preeti Gupta Vs. Ms. Ritu