GHANSHYAM DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Sanjeev Ranjan, learned counsel for the petitioners and Mr. Raj Kumar, learned counsel for opposite party no. 2.

(2.) This application under Sec. 482 of the Code of Criminal Procedure has been filed by the petitioners for quashing the order dtd. 15/12/2011 passed in Complaint Case No. 3495 of 2011 by the learned Chief Judicial Magistrate, Purnea whereby he has taken cognizance of the offences punishable under Ss. 467, 468, 506, 420 and 120-B of the Indian Penal Code (for short 'IPC').

(3.) The case of the complainant, in brief, is that the accused persons, namely, Ghanshyam Das, Bimal Das, Yogesh Kumar and Rajiv Ranjan Singh approached the complainant on 20/2/2010 with request to sell their land situated at Ward No 12 (old) corresponding to new Ward No. 5, M.S. Khata Nos. 451, 410, 607, 608, 609 and 187 measuring an area of 2 acres, 86 decimals and 2 kari within Purnea Municipality and requested the complainant to purchase the same for L. M. Techno Build Private Ltd (for short 'the Company'). The Company deals in the business of real estate also. The accused persons produced before the complainant, a photocopy of khatiyan standing in the name of their ancestor Fagu Mal and uncle Tirath Mal in presence of the accused Nutan Prabha, an employee of the Company. The offer for sale of the land was made for consideration of Rs.84.00 lacs in total to which the complainant agreed and, on demand of the accused, the complainant paid Rs.10.00 lacs through accused Nutan Prabha, as a part of consideration money, on 26/2/2010, through two cheques. The accused persons executed a written agreement for sale in acknowledgement of the contract of sale and receipts of the part of the consideration money in advance on the same day. In the agreement, the name of Smt. Sushila Devi, Sanjay Kumar and Bharat Das was also mentioned, as owner of the land, but it was signed only by the accused Ghanshyam Das and Bimal Das. The agreement was made in the name of accused Nutan Prabha as on behalf of the Company. Thereafter, the accused Ghanshyam Das received a cheque for Rs.2.00 lacs on 5/3/2010 and further received a cheque of Rs.2.00 lacs on 20/5/2010. The accused Yogesh Kumar also received a cheque for Rs.1.00 lac. on 12/7/2010. All the cheques and payments were made through the accused Nutan Prabha.