SANDIP DAS Vs. JUGAL KISHORE DALMIA

JUDGEMENT

(1.) AND ORDER (Oral) - This is an appeal, against the judgment and order dated 22.7.2005, passed in CR Case No. 534/2004, acquitting the accused respondent No. 2 of the charge under Section 392 IPC.

(2.) The case of the appellant, who was the complainant in the aforesaid CR Case before the learned Additional Chief Judicial Magistrate, Dhemaji, is that, he purchased a Maruti Van, bearing Registration No. AS-22/4704, on 30.7.2003, in the name of his wife Smt. Beena Das from the accused respondent No. 2 at a consideration of Rs. 1,61,000/-, and towards the satisfaction of the consideration amount, Rs. 1,45,000/- , as agreed, was paid instantly and Rs. 16,000/- was agreed to be paid and received by the parties on 6.5.2004. The complainant appellant visited the residence of the accused respondent for making the payment of balance amount of Rs. 16,000/-, but could not be paid as he was not found available in the residence. On 23.6.2004, while the complainant appellant with his family members were proceeding to Silapathar in the said vehicle, they were intercepted at Silapathar Forest Gate by the accused respondent and taken away the vehicle from his possession after putting him under threat and even assaulting him.

(3.) On receipt of the complaint, the learned trial court proceeded as per procedure prescribed by law, and ultimately, took cognizance of an offence under Section 392 IPC against the accused respondent. A charge under Section 392 IPC was framed against the accused respondent in due course.