Court dismisses pleain land cheating case

December 04, 2016 12:58 am | Updated 12:58 am IST - New Delhi

: A court here has dismissed a revision petition by a man seeking direction to the Delhi Police to lodge a case against IDBI Bank and its certain officials for allegedly cheating him in a land purchase deal.

A Metropolitan Magistrate court had earlier taken cognisance of a complaint filed by the petitioner against the bank officials and decided to proceed against them in the matter.

Cognisable offence

The petitioner, Suresh Kumar Goyal, had challenged the order in a Sessions court, submitting that it was mandatory for the police to register an FIR in case the averments made in a complaint disclosed the commission of a cognisable offence.

Special Judge Poonam Chaudhry, however, dismissed the revision petition.

“The trial court has taken cognisance of the offences under Section 200 of the CrPC. As the identities of the accused persons and the evidence in the case are within the reach of the complainant, the case does not warrant investigation by the police,’’ Ms. Chaudhry.

“Thus, a Magistrate, on receiving the complaint, may forward the same to the police for investigation under Section 156(3) of the CrPC or he may take cognisance under Chapter XV of the CrPC,’’ the judge further said.

Deal gone wrong?

According to the complaint, the petitioner had won a bid to purchase land at Pitampura in north-west Delhi at an action organised by the bank and had deposited Rs.1,77, 10,000 towards the purchase amount.

The bank had claimed that the land was encumbrance free, but the petitioner had later found out that it had been attached by the Income Tax Department.

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