SANWARMAL BUDHIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. S.D. Sanjay, learned Senior Counsel appearing on behalf of the petitioner, Mr. K.D.P. Singh appearing on behalf of the Opposite Party No. 2 and Mr. Jharkhandi Upadhayay, appearing on behalf of the State.

(2.) THE petitioner seeks quashing of the order dated 27th of January, 2007 passed by learned Judicial Magistrate, Ist Class, Gaya in Complaint Case No. 1041 of 2004 whereby cognizance has been taken under Section 420 of the Indian Penal Code.

(3.) OPPOSITE Party No. 2, who is the nephew of the Birendra Kumar Singh had lodged a complaint vide Complaint Case No. 1041 of 2004 for the offence under Section 420 of the Indian Penal Code. It was alleged by him that despite having accepted money from his Uncle, accused persons did not execute the sale deed with respect to the property in question and did not even return the money. During the enquiry, witnesses supported the prosecution version so far as payment of money and non -execution of sale deed was concerned.