NIKHILA NAND THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 Cr. P.C. has been filed for quashing the order dated 28.02.2012 passed by the learned Judicial Magistrate, Purnea, in connection with Complaint Case No. 4002 of 2010 by which the learned Magistrate has after holding enquiry found prima facie case against the petitioner for the offence under Sections 323, 417 and 506 of the Indian Penal Code.

(2.) As per complaint petition, petitioner wanted to sell his Raiyati land to the complainant, for which the complainant had paid Rs.3,72,000/- and only Rs.50,000/- was left to be paid. A Jarbeyana was executed in the year 1995 by the petitioner. The complainant has stated that he is in possession of the land as Bataidar since 1985 itself. The petitioner sent several messages in the year 2010 for execution of sale deed and for payment of balance amount of Rs.50,000/-. The complainant managed to collect Rs.50,000/- and on the call of the petitioner on 5.11.2010, he went with original Jarbeyana. It has been alleged that petitioner took Rs.50,000/- and original Jarbeyana. The petitioner after taking the original Jarbeyana, neither returned the papers nor gave receipt of the money. The complainant made demand of original paper and receipt then he was threatened to be implicated in false case. It has further been alleged that petitioner also assaulted the informant.

(3.) Heard learned counsel for the petitioner, learned counsel for the opposite party No. 2 and learned counsel for the State.