SURENDRA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Deepak Kumar, learned Counsel appearing on behalf of the Petitioner, Mr. Bimal Kumar, learned Counsel appearing on behalf of opposite party No. 2 and Mr. Ansarul Haque, learned Additional Public Prosecutor, appearing on behalf of the State.

(2.) This application under Section 482 of the Code of Criminal Procedure is directed against the order dated 19.6.2002 passed in C.A. Case No. 319 of 2002 by Sri V.B. Yadav, Judicial Magistrate, Ist Class, Katihar, whereby he has taken cognizance of offences punishable under Sections 406 and 420 of the Indian Penal Code against the petitioners.

(3.) Brief substance of allegation which is the subject matter of the complaint petition No. 319 of 2002 is that the Petitioner No. 1 is owner of a landed property situated within Shafiganj in the district of Katihar. The complainant alleges that the Petitioner No. 1 approached the complainant for sale of the said land and which proposal was accepted by the complainant. The complainant acting on the proposal made by the Petitioner No. 1, advanced an amount of Rs. 5,20,000/- through different bank drafts as also by way of cash. The said total amount of Rs. 5,20,000/- was received by the Petitioner No. 1 on different dates in the month of January, 2002. The complainant alleges that after having received the money, the Petitioner No. 1 did not honour his commitment of executing the sale deed rather he made sale of the land in question in favour of other persons, namely, Anil Kumar Singh, Neelam Devi, Sunil Kumar Singh and Sandhya Devi on 14.2.2002. The complainant thus alleging criminal breach of trust and cheating against Petitioner No. 1 and his brother-in-law, the Petitioner No. 2 instituted the complaint in question praying for drawing appropriate proceedings against the Petitioner under the provisions of Sections 406 and 420 of the Indian Penal Code.