PRAKASH CHANDRA PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioners have challenged the order dated 3.8.2004 taking cognizance under Sections 420 and 120B of the Indian Penal Code on the ground that the offences alleged in the complaint petition amount to a civil dispute. It is submitted that there is dispute between the builder who is the complainant with respect to payment of the entire amount of construction for the flat. THE complainant on the other hand has alleged that the petitioners paid full payment, took the key of the flat to perform ?Puja? but surreptitiously remained in the flat. It is also alleged that the petitioners have only made part payment and, therefore, he comes within the purview of Sections 420 and 120B of the Indian Penal Code.

(2.) THIS Court can only consider whether the prima facie offences under Section 420 are made out against the petitioners. I find that there is no reason to interfere by quashing the order of cognizance and the complaint petition at this stage.