MD ISLAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 20.12.2013 passed by the learned 1st Additional Sessions Judge, Muzaffarpur, in Criminal Revision No. 244 of 2012 by which he has affirmed the order dated 17.8.2012 passed by the learned Judicial Magistrate, 1st, Class, Muzaffarpur, in connection with Complaint Case No. 2195 of 2009, Trial No. 476 of 2012 whereby and whereunder the learned Magistrate has rejected the petition of discharge filed on behalf of the petitioner and others.

(2.) The complainant has alleged in the complaint petition that petitioner entered into agreement with her for sale of 3 Katthas of land @ Rs. 23,000/- per kattha. The complainant made payment of entire consideration money on different dates as mentioned in the complaint petition and, thereafter, the petitioner gave possession of the land to the complainant on 2.7.2006. The complainant has also constructed house on the aforesaid land. The petitioner did not execute sale deed even after taking the consideration amount. The complainant has enclosed the receipt of making payment to the petitioner which has been annexed as Annexure-2.

(3.) The learned Magistrate vide order dated 17.08.2012 has found sufficient material to frame charge against the petitioner. The aforesaid order was challenged by the petitioner before the learned 1st Additional Sessions Judge, Muzaffarpur, vide Cr. Revision No. 244 of 2012, which was rejected vide order dated 20.12.2013.