USHA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Prahalad Kumar Bhagat, learned counsel for the petitioners and Mr. Bijendra Kumar Singh, learned counsel for the opposite party no.2.

(2.) The order under challenge in the present application is dated 16.05.2013 passed by the learned Chief Judicial Magistrate, Purnea in K. Hat P.S. Case No.176 of 2012 whereby the petitioners have been summoned to face trial for the offences punishable under Sections 419, 420, 406 and 504 of the Indian Penal Code.

(3.) The prosecution case is based on the written complaint of the informant Indradeo Parera, who has alleged inter alia that he had entered into an oral agreement with the petitioners for sale of land with one old pucca house situated at khata no.16, khesra no.293 and 422. Out of the total value of the said piece of plot and pucca house, Rs. 2,50,000/- was paid by the informant through cheque drawn on State Bank of India, Gulab Bag Branch to the petitioner Arun Kumar Chaudhary and it was decided that the remaining amount of Rs. 1,00,000/- would be paid on the date of execution of the sale deed. It is further alleged that the informant requested the petitioners for execution of sale deed several times. Eventually, with great efforts, the petitioners came to the Registry Office, Purnea at 10:00 a.m. on 14th March, 2012, but they did not execute the sale deed and when a protest was made, they started abusing the informant.