CHANDESHWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioner, the Opposite Party No. 2 and the A.P.P. appearing on behalf of the State.

(2.) This application has been filed challenging the orders dated 05.09.2007 passed in L.N.M.U. Police Station Case No. 17 of 2007 (Trial No. 2882 of 2007) by which the Chief Judicial Magistrate, Darbhanga has taken cognizance for the offences under Sections 406 and 420 of the Indian Penal Code.

(3.) The facts of the case are that the petitioner agreed to sell a piece of land situated in village Simra, Anchal Bahadurpur measuring 11 Bighas 16 Kathas and 3 dhurs on payment of a consideration amount of Rs. 4,09,000/-. It is alleged by the informant that Rs. 1,50,000/- was paid as earnest money and a MAHADANAMA was executed on 22.12.2005 granting 11 months' time for payment of the rest amount before the sale deed would be executed. The informant claims that the petitioner despite legal notices refused to execute the sale deed although the informant had sent notices on 14.07.2006, 08.09.2006 and 09.11.2006. Being aggrieved by these facts, the present case was instituted. On investigation, the final report was submitted finding that the case is of a civil nature.