Nearly nine years after a property fraud case was registered, a Ludhiana court has convicted three members of a family for cheating, forgery, and criminal conspiracy in connection with a fraudulent property deal in which a woman and her late husband were allegedly duped of Rs 23 lakh.
Court Verdict and Sentencing
Judicial Magistrate (First Class) Amit Bakshi convicted Gurbachan Singh, alias Mani Shah, his brother Mehar Singh, and their father Amrik Singh, residents of Kamla Nagar, Dhuri Line, Ludhiana. Each was sentenced to three years of rigorous imprisonment. The court also imposed a fine of Rs 10,000 on each convict.
In addition to the fine, the court directed the convicts to jointly pay compensation of Rs 23 lakh to the complainant in three equal shares. The prosecution examined 11 witnesses to establish the guilt of the accused.
Details of the Fraud
According to the prosecution, complainant Kuldeep Kaur told the police that in 2011, the accused had agreed to sell a 1,250-square-yard farmhouse to her husband, Mohinder Singh. After receiving Rs 15 lakh, they allegedly failed to execute the sale deed, citing a stay order on the land.
The accused later persuaded the family to purchase another house in Shaheed Bhagat Singh Nagar. They collected additional money and subsequently entered into fresh agreements in 2016, promising either the transfer of alternative plots or a refund through post-dated cheques. However, the cheques were dishonoured, and the promised properties were allegedly sold to other buyers.
Forged Documents and Deception
During the trial, the prosecution established that the original agreement to sell, on the basis of which the money had been obtained, was forged. The purported owner of the property testified that he had never executed such an agreement and alleged that blank signed stamp papers taken by Gurbachan Singh as security for a loan had been misused.
The court also relied on the testimony of an independent witness, who stated that, at the insistence of the accused, the property was first transferred in his name and fresh agreements were later executed with the complainant, indicating that subsequent transactions were allegedly orchestrated to continue the deception.
Defense and Court Observations
The accused pleaded innocence and claimed false implication. They denied all allegations, including the issuance of cheques for repayment. However, the court rejected the defence plea that the matter was merely a civil dispute arising out of a breach of contract.
The court observed that the accused had dishonest intentions from the very beginning of the transaction and had used forged documents to induce the complainant to part with money. The court held that the active participation of all the accused had been established.
Conclusion
Finding that the prosecution had proved its case beyond reasonable doubt, the court convicted all three accused and ordered them to be taken into custody to serve their sentences.
