ASHOK KUMAR LAKHAIYAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) By the Court.Petitioners above named have preferred this petition under Section 482 of the Code of Criminal Procedure for quashing entire prosecution in Complaint Case No. 597(C) 2002 as well order of cognizance dated 13.8.2002 whereby the learned Judicial Magistrate, First Class, Patna had ordered issuance of processes against the petitioners for facing trial for offences under Sections 406, 420 and 120- B of the Indian Penal Code. In this case notice was issued upon opposite party No. 2, the complainant to show cause as to why this application should not be heard and disposed of at this stage.

(2.) Learned counsel for the petitioners and opposite party No. 2 as well learned Additional Public Prosecutor have been heard. The opposite party No. 2, complainant had filed the complaint alleging therein that he was Director of JCC Buildcon (1) Private Limited which was a partnership Firm, and was approached by petitioner No. 1 for selling the concerned land for which sale deed was to be executed by petitioner No. 2. and the complainant thereafter approached petitioner No. 2 and it was agreed upon that for a consideration of Rs. 5,44.452/- the land would be so sold. Petitioner No.2. thereafter, left Patna to attend his classes asking the complainant to hand over advance money to petitioner No. 1. his father, and the complainant handed over a bank draft for Rs. 2.00,000/- and Rs. 50,000/- in cash and a deed of agreement was prepared on 6.6.1999 upon which petitioner No. 1 made endorsement of receipt of the advance amount on behalf of petitioner No. 2 and the partner of the Firm also signed thereupon. As per the terms the registration of the sale deed was to be completed by 30.9.1999 but since the stipulated time passed without any registration. Complainant approached the father-accused, at Calcutta and received assurance from him whereafter petitioner No. 1 was transferred to Patna.

(3.) Further allegation is that on 20.2.2000 when complainant went to see petitioner No. 1, he found him having left Patna. A legal notice was also sent, but to no avail.