MT.ASHUTOSH SINGH Vs. INDUSHEKHAR PD.SINHA

JUDGEMENT

(1.) THE present petition seeks the quashing of the order dated 28.2.2006, passed by the learned Sub -divisional Judicial Magistrate, Patna in complaint case no. 3714 C of 2005, as also the quashing of the entire proceeding launched against the petitioner who figured as one of the accused in the above noted complaint case.

(2.) THE short facts could be stated first. The complainant purchased a land from the present petitioner Rama Devi through deed of sale executed and registered on 2.2.2005, measuring 1 katha 5 dhur as per details in column 5 of the deed filed with the supplementary affidavit filed by the petitioner for a consideration amount of Rs. 1,37,000.00 only. The complainant satated that he erected a boundary wall around the above noted area of land pertaining to survey plot no. 235 in Khata No. 3, situated at Mauza Dhelwan RS. Fulwarisharif, District, Patna.

(3.) THE contention is that the petitioner could not be imputed with an intent to cheat at the time of execution of the deed in as much as she was herself completely in dark about the sale of the land by Sita Ram Singh the brother of Prabhu Singh the vendor of the petitioner. It was further contended that the complaint petition recites that a consideration money of Rs. 5,15,000.00 only was paid to the petitioner on different dates, partly through different bank drafts and partly in cash. The above statement does not appear compatible with the statement in the deed of sale dated 12.2.2005 which indicates that the total consideration money paid by the complainant to the petitioner was Rs. 1,37,000.00 which was paid by three different bank drafts appearing at page six of the deed in question. It was, as such contended that the allegation was so inherently improbable and patently absurd as not to allow the prosecution to further proceed.