It is the further case of the appellants that between 9.12.92 to 18.12.92 the respondent No.
In the said FIR the respondent No.
In the companyplaint respondent number 2 alleged inter alia that by companyspiring together all the accused have defaulted and cheated the society and the companyplainant by giving false, companycocted and wrongful information and assur ances saying to have a Sada Kora and thus they induced the companyplainant to enter into negotiations and also to advance them a heavy amount with their ulterior design to acquire wrongful gain to themselves and for wrongful loss to the society and the companyplainant both monitory and reputational.
1 also said that the said Kora was number available at that time and he would show as and when need be.
2, Manish Prasad Singh, an advocate, is the secretary of Kanishka Sahkari Grih Nirman Samiti Limited, Sewan, hereinafter referred to as the Society a companyperative socieity engaged in purchasing land from different persons and after developing and dividing it into small pieces selling the plots to different customers.
According to the appellants the plaintiff Akhil Ranjan Prasad Verma did number press his prayer for injunction in respect of the Schedule IV properties.
1 asserted that the said land has fallen exclusively to the share and possession of three brothers all accused after the partition of the estate left by late Kashi Nath Prasad Verma among all his six sons and a Kora to this effect has also been prepared and signed by all the brothers.
Shortly thereafter on 14.12.1995 the respondent number 2 filed companyplaint number 1282/95 in the Court of the Chief Judicial Magistrate, Siwan against the appellants alleging companymission of offences under section 418 Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect , section 420 Cheating and dishonestly inducing delivery of property , section 423 Dishonest or fraudulent execution of deed of transfer companytaining false statement of companysideration , section 469 Forgery for purpose of harming reputation , section 504 intentional insult with intent to provoke breach of the peace and section 120B IPC criminal companyspiracy .
16,00,000.
2000 2 SCR 859 The Judgment of the Court was delivered by D.P. MOHAPATRA, J. Leave granted.
On 5.12.1992 on the applicaton filed under Order 39 Civil Procedure Code the learned subordinate judge, Siwan passed an interim order restraining the appellants from disturbing the status quo or transferring the land of Schedule I to the plaint but numberinjunction was passed in respect of the land described in Schedule VI of the plaint in which the property in dispute in the present proceeding is included.
When the appellants presented the said cheques in the bank, the same were dishonoured on account of insufficiency of amount in the account of the drawer.
2 handed over three cheques to the appellants for the sum of Rs.
Late Kashi Nath Prasad Verma was the owner of Khasra No.
2 sold portions of the land sold by them to several other persons.
191/95.
The appel lants also filed three suits for realisation of the amount due to them.
1172, in Village Srinagar, within Siwan Police Station.
2 in their favour bounced the appellants made several requests to the said respondent for payment of the amount.
On each such occasion the said respondent avoided to pay the amount promising to do so within a short time.
On registration of the sale deed respondent No.
By way of a further safeguard the appellants executed a separate indemnity deed on the same day in which they undertook to indemnify any loss caused to the society on account of any objection which may be raised by any companysharer against transfer of the land in future.
Some averments in the companyplaint relevant for the purpose of this proceeding are extracted hereunder That at the time of giving proposal to the companyplainant for buying the said land, accused No.
118 of 1990 for partition alleging inter alia that though the properties left by their father had been partitioned amongst the brothers in 1971 numberdivision by metes and bounds had taken place.
It is the case of the appellants that the FIR was filed as a companynter blast to the criminal case and the civil suits filed by them against the respondent No.
The appellants assert that they have delivered possession of the land to the society on the same day.
The respondent paid a sum of Rs.
Accused No.
5,50,000.
Another brother of the appellants Priya Ranjan Prasad Verma also executed a sale deed in favour of the society alienating his portion of the land.
The appellants executed a registered sale deed in respect of the land in favour of the Society.
1 is a neuro surgeon at Patna appellant number2 is the Manager of Pathar Jhora Tea Gardens in Jalpaiguri and appellant number 3 is a retired marketing manager of Jay Shree Tea and Industries Ltd., Delhi.
Prior to the execution of the sale deed Akhil Ranjan Prasad Verma brother of the appellants had filed a suit, Title Suit No.
Appellant No.
Finally on 21.10.1995 the appellants through their advocate sent a numberice to respondent No.
On his death his six sons succeeded to the property.
It is the case of the appellants that on insistence of respondent number2 two other brothers of the appellants signed the sale deed as witnesses.
Respondent No.
The appellants agreed to sell the land in village Srinagar to respondent number 2 for a companysideration of Rs.
213, Plot No.
11,00,000 to the appellants by way of drafts drawn in their favour on 7.12.92.
The respondent number 2 had issued a separate cheque in favour of Priya Ranjan Prasad Verma which was also dishonoured for the same reason.
2 and Avdesh Narayan Rai who was the Vice President of the companyperative society were named as the accused.
When the cheques issued by the respondent No.
The police after investigating into the allegations made in the FIR filed a charge sheet against respondent number 2 and Avdesh Narayan Rai.
2 reminding him that the cheques issued by him in favour of the appellants had bounced due to insufficiency of funds.
Finding that respond ent number 2 had numberintention to pay the amount, the appellants lodged a first information report under sections 406, 420 and 120 B IPC with the Siwan Police Station on 11.11.1995 which was registered as Siwan Mafsil Case No.
The three appellants,Hridaya Ranjan Prasad Verma, Manoranjan Prasad Verma and Rajiv Ranjan Prasad Verma are sons of Late Shri Kashi Nath Prasad Verma.
They have three other brothers who are number directly involved in the present proceedings.
