SURESHWAR NARAYAN SINGH Vs. HARI BABU PATHAK

JUDGEMENT

(1.) THIS is an application under Sec. 482 of the Criminal Procedure Code ("the Code", in short) preferred by Sureshwar Narayan Singh, accused in Complaint Case No. 644(c) 96, brought by the complainant, opposite party No. 1 Hari Babu Pathak, for quashing the order dated 17 -8 -1996 recorded by Shri N.N. Singh, Judicial Magistrate, 1st Class at Patna, whereby and whereunder the learned lower Court finding that there were materials on the record to proceed with the case under Sec. 420 of the Code, ordered for issuance of summons against the petitioner.

(2.) THE facts in the case, in short, are that the aforesaid complaint was filed with allegation that the accused had given certain plots to a private builder -company situated at, Ashok Raj Path, Patna. After construction of the aforesaid market -cum -residential complex, the petitioner accused also got some shops in his share, who induced the complainant to purchase Shop No. 2 on ground floor and a deed of agreement in that regard was executed in favour of the wife of the complainant through the builder -company.

(3.) THE accused, as allegation in the complaint petition goes, also executed a deed of absolute sale in respect of Shop No. 4 thraugh his builder in favour of the daughter -in -law of the complainant.