CHITTARANJAN PATOWARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B.M. Choudhury, learned counsel and Mr. D.K. Bhattacharyya, learned counsel appearing for the appellant. Also heard Mr. P.S. Lahkar, learned Additional Public Prosecutor appearing for the State/respondent No.1 and Mr. J. Sharma, learned counsel appearing for the respondent Nos. 2 and 3.

(2.) This appeal has been preferred by the complainant as appellant against the judgement and order dtd. 27/03/2017 passed by the learned Judicial Magistrate, First Class, Kamrup(Metro) in C.R Case no 2866/2009, whereby the respondent Nos. 2 and 3 have been acquitted from the charges u/s 468/471/34 IPC.

(3.) The case of the complainant is that on 17/07/2009 the appellant as complainant filed a complaint petition before the court of learned CJM, Kamrup (Metro) alleging inter alia that he is the owner of a plot of land measuring 1 Bigha 3 Lechas situated at Manipuri Basti, GS Road, Guwahati and constructed a double storied RCC building in the year 1988 and started running a hotel business in the said premises under the name and style M/s Hotel Pragjyotish. Thereafter, the respondent no 2 and 3 as accused persons who were the partners of M/s L.M. Commercial House approached the complainant in the year 2007 with a proposal to take lease of the said hotel on condition of payment of monthly rent and construct the remaining floors namely 2nd, 3rd and 4th thereon at their own cost. A tenancy agreement was executed between the parties on 02/11/2007.