PRABHAWATI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioners, learned Counsel for the State and learned Counsel appearing for the complainant, O.P. No. 2.

(2.) The petitioners are wife and husband of each other respectively. Their prayer is for quashing the entire criminal proceeding including order dated 7.8.1998 in Complaint Case No. 7(C) 98 whereby learned Judicial Magistrate, 1st Class, Patna refused to discharge the petitioners from a case under Sections 406 and 420 of the Indian Penal Code.

(3.) The case of the complainant is that he entered into an agreement for tenancy with the accused persons (petitioners) and occupied the rented premises belonging to the petitioners on a monthly rental of Rs. 1800/-per month. As per the agreement, an amount of Rs. 21,600/- being the security amount calculated as 12 months rental was paid to the petitioners but after the complainant vacated the premises and wanted the security money to be refunded, the accused persons did not return the said amount leading to petition of complaint.