KRISHNA BIHARI PRASAD SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present quashing application has been filed for quashing the order, dtd. 31/8/2017, passed, in Complaint Case No. 721(C) of 2017, by the learned Additional Chief Judicial Magistrate-XII, Patna, by which the learned District Court has taken cognizance for the offences punishable under Ss. 406/420/467/468/ 471/387/120-B of the Indian Penal Code against the petitioners and one Nikhil Priyadarshi.

(2.) The prosecution case, as per the complaint petition filed by the complainant Shoaib Hasan Chand, against accused persons, namely, Krishna Bihari Prasad Sinha, Nikhil Priyadarshi, Manish Priyadarshi, relatives and family members of Krishna Bihari PrasadSinha, unknown anti-social friends of Nikhil and Manish Priyadarshi and Anjali Shrivastava, is that the complainant is the Managing Director of Aaha Planners and Developers Private Ltd. An unregistered development agreement was executed between the complainant and accused Nikhil Priyadarshi and Manish Priyadarshi, upon payment of Rs.1,00,00,000.00 (one crore) on 13/10/2016, regarding 40 Kathas of land of the accused persons, situated at Saguna More, Patna. Again, they demanded Rs.30,00,000.00 from the complainant- Opposite Party No. 2, which was paid to the accused persons through his cousin. Again after payment of Rs.50,00,000.00 in the first week of November, the accused Krishna Bihari Prasad Sinha handed over the documents of the land, in question. It has been stated that the complainant spent Rs.50,00,000.00 lakhs for development work towards the cost of construction of boundary wall at the site. Afterwards, upon verification, the complainant found the documents of land, in question, to be forged, fabricated and fake.

(3.) It has been stated that a total amount of Rs.2,30,00,000.00 have been paid by the complainant to the accused persons. When the complainant demanded his money back, the friend of Nikhil Priyadarshi, namely, Gaurav, handed him a cheque of Rs.450,000.00 signed by one Prem Prakash, which was dishonored. Earlier also, a friend of Nikhil had given Rs.1,00,000.00 and further assured the complainant that he would get back his money once Nikhil arrives.