farmers
towards advance sale consideration and he has also procure
all the necessary documents pertains to the said land and
submitted the same ... farmers towards advance sale
consideration and he has also procure all the necessary
documents pertains to the said land and submitted the same
enforceable documents
against the appellant. The trial Court has not considered
the fact that appellant as a Director, assisted the
respondent to procure a site ... fixing the liability on the appellant, wherein the said
document pertaining to the partial advance/instalment
amount invested by the respondent for purchasing
residential site
cheque. But thereafterwards, due to technical
reasons the accused could not procure the land as
promised by him and agreed to repay the said
amount ... complaint itself. Further, he
has produced as many as 17 documents. They are,
Ex.P.1 is the Letter of undertaking given by the
accused
cash. Subsequently the
accused No.1 is delayed in procuring the required land, so that
complainant not able to develop the residential sites within time ... chief examination by reiterating the complaint averments and also
produced the documents which are marked
complainant in brief are as under -
a. Accused undertook to procure lands to the
complainant. The accused had received an advance
amount ... lakhs through various vouchers and
accordingly the accused was not able to procure lands in
favour of the complainant. As such, in order to refund
substantiate his defence, accused himself examined as
D.W.1 and no documents are marked on his behalf.
4. In this case, the evidence ... known to the Complainant, had approached the Complainant
and assured him to procure the land required for Complainant for
development project. Further accused asked
served on accused. Accused
admitted that the, address available in these two documents is
pertaining to him. Though accused contended that ... approached the court with clean hands. By creating story
of "procuring loan through complainant", accused cannot get
rid-off his liability. Accordingly accused
complainant, while the complainant was
under cross-examination, that the above documents were not
executed by the accused, accused has not led any evidence ... signatures. It is not the case
of the accused that same were procured from him on blank
papers or by threat or coercion. This court
matter of present
case) were given to the complainant as security for procuring the loan and he has
already repaid the loan amount alongwith interest ... Surety bounds and bail bonds, if any, stands
discharged. Documents, if any, be returned. Endorsement, if any, stands
cancelled.
Pronounced in the open court (Chander
attest to the accuracy and
authenticity of this document
Chandigarh
Cr. Misc. No.A-385-MA of 2014 (O&M)
[3]
falsely deposed before ... partners of
M/s Rishi Markandeshwar Finance Company and the complainant
procured the said cheque from that firm and misused the same to file
