LATA TOPPO Vs. VISHNU MANIDHAR DUBEY

JUDGEMENT

(1.) Heard.

(2.) The case in nutshell is like that respondent No. 1 filed a complaint case against the petitioners and one Satish Singh/respondent No. 2 making allegation that the petitioners alongwith respondent No. 2 - Satish Singh persuaded him for purchase of plot recorded in the name of Triveni Yadav. The petitioners as well as respondent No. 2 allured respondent No. 1 and they grabbed Rs.18,48,000.00 from respondent No. 1 but the property was not transferred in the name of respondent No. 1, therefore, he demanded the money back from the petitioners and respondent No. 2. Some amount was repaid back, however, most of the amount has not been refunded by the petitioners as well as respondent No. 1, therefore, a complaint was made before the police station. When no action was taken, a complaint case under Sec. 200 of the Cr.P.C. has been filed. The complainant examined himself as well as the witnesses and produced the documents in support of his case. Learned trial Court after due consideration of the material placed before it, registered the complaint case which was filed for the offence punishable under Sec. 420 read with Sec. 34 of the IPC. The petitioners herein preferred the criminal revision before the learned Sessions Court against the order registering a complaint case and the same was dismissed vide order dtd. 13/11/2019.

(3.) Learned counsel for the petitioners submits that the nature of the dispute is civil but the same has been given criminal colour by respondent No. 1. Some cheques were issued by respondent No. 1 in favour of the petitioners and the complaint case for the offence punishable under Sec. 138 of the Negotiable Instruments Act has been filed against respondent No. 1. Two cases bearing complaint case Nos. 1654 of 2016 and 1655 of 2016 are pending before the Competent Court. He further submits that the main culprit is respondent No. 2 and the petitioners have repaid the amount given to them through RTGS and there is no act of criminality apparent on the face of record and he prays for quashing of the entire criminal proceedings pending against them before the learned trial Court.