Filling SLP in Supreme Court
Querist :
Anonymous
(Querist) 13 September 2010
This query is : Resolved
Sirs. I was in the process to sell the land to mr A. Upon usual public notice one Mr B claims that land was already sold to him. Based on this Mr A withdrew from the sale and I returned his earnest money to him and obtained a receipt for the same. Then Mr B started threatening me to pay him money or else he will file case against me. As I had never sold land to Mr B I refused to give into his threats. Then Mr B after 1 year filed a 420 & 406 case in a remote corner of MP. To support his claim B filed xerox copy of an "agreement to sale" done on a Rs100 stamp paper with my signature as seller and two witnesses from his village. I had never been to his village during those dates and the stamp paper agreement is not even notarised, clearly the document is forged. But court took cognizance and I was arrested. I approached the High Court to quash the case after the challan was filed on grounds that (1) ingredients of offence u/s 420 & 406 ipc were missing in complaint, FIR and challan, (2) if complaint taken at face value and believed to be true then it is a civil dispute of breach of contract and (3) complainant has not filed any suit for specific performance or civil suit thus is abusing the process of law. High court dismissed my petition without assigning any reason. I would appreciate your advice on the following:
1. The land records still show my name, so can I sell this land even while the 420 case is pending? What precautions do I need to take.
2. I would like to approach the Supreme Court against the order of the High Court. Can someone please guide me to an advocate who can file and fight this petition for me. And also guide as to the costs involved.
Nu.Delhi.Law.Fora.
(Expert) 13 September 2010
Dear Querist,
In the given facts, I am of the preliminary view that since B's case was based on photocopy of an agreement to sale, the Ld. Court below ought to have treated the same as per law (in view of non-production of original documents by B), particularly on a forged documents. On quashing before Hon'ble the High Court, according to you, your case has been dicided giving no reasons. Since the contents of the order passed by the High Court has not been produced, yet, it appears that you have very good grounds to challenge the said Order on following inter alia gorunds: Firstly, Impugned Order of the High Court is a non-reasoned and non-speaking one. It also appears after the High Court has failed to appreciate that what cleverly B had been successful in mixing alleged offence u/s 420 & 406 IPC in a civil dispute which was not to be taken cognisance by the Trial Court which taken collectively is abuse of the process of law and this aspect, the High court has failed to appreciate and diagonise.
Secondly, if there is no stay/restraint order in your said property passed by any Court below, then on the strength of original documents and particularly that mutation is in your name, you may create third party interest in the land.
I am of the view that you may approach the Supreme Court against the order of the High Court immediately without allowing the time to play.
Trust this would suffice.
Rabin Majumder
Advocate & Attorney
For Nu.Delhi.Law.Fora
No. 91, Sh AK Sen Chambers Block
Supreme Court of India
New Delhi - 110001
# 9899259811, 9013307807
s.subramanian
(Expert) 13 September 2010
I fully endorse the view of Mr.Majumdar.
