DILIP KUMAR PATTNAIK Vs. HIMANSU PATTNAIK

JUDGEMENT

(1.) In this Lis U/s.482 Crimial P.C. prayer has been made to quash the proceeding as well as cognizance order dtd.07.01.2005 passed by the learned S.D.J.M., (Sadar) Cuttack in I.C.C. Case No.335 of 2001.

(2.) The petitioner was accused in the aforesaid complaint case while opposite party was the complainant.

(3.) The case of petitioner, in brief, is that on 14.02.1994 the complainant had entered in to a lease / tenancy agreement with the present petitioner - accused to let out a piece of land in Mouza - Ramgarh appertaining to Plot No.58 under Khata No.1005 measuring an area Ac.0.055 decimals and Plot No.1313/1458, area Ac.0.010 decimals, (total Ac.0.065 decimals) for a period of fifteen years at a monthly rent of Rs.1000.00 with an understanding that the rent would get incremental increase by Rs.100.00 annually. The accused - petitioner had installed a petrol filling station under the name and style "FILL & FLY" with the permission of the dealer IBP Company Ltd. The complainant had taken advance of Rs.10,000.00.