“ 2. Brief facts as stated in the complaint are that the respondent No. 2 approached the petitioner in 2013 for loan. After completion of formalities, loan for amount of Rs.70 Lakh was sanctioned in favour of the respondents on 26.12.2016. That R-2 mortgaged 15% share of his property bearing No. Khewat / Khata No. 497, RECT. No. 61, Quila No. 19/1 (1-13), 19/2(6-7), 20(8-0), 21 (8-0), 22 (8-0), etc. on the pretext that he is the absolute and rightful owner of the said property. It is alleged that R-2 after paying initial installments started defaulting in making further payments. He again offered to mortgage his share in the abovesaid property and a supplementary agreement was executed between the parties for the outstanding amount of Rs. 12287681/-. It is alleged that now the complainant / petitioner has come to know that R-2 has several pending litigations and has lesser share in the same as claimed by him in the supplementary agreement. It is alleged that the respondents have committed the offence of cheating and also fabricated forged documents. He had lodged various complaints before the various authorites, however, no action was taken on his complaints. Hence, he filed the complaint before the Ld. MM alongwith the application u/s 156 (3) Cr.P.C. which has been dismissed by the Ld. MM, hence the present petition. ”
