SAMRENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned counsel appearing on behalf of the State.

(2.) The present application under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) has been filed for quashing of the order dated 25.07.2013 passed by the learned Judicial Magistrate 1st Class, Sasaram whereby after taking cognizance against the petitioner and other accused under Sections 420 and 504/34 of the Indian Penal Code, processes have been issued in connection with Complaint Case No. 279 (c) of 2013/Trial No. 2124 of 2013.

(3.) The prosecution case, in brief, is that on 14.9.2012 at about 12 0' clock all the accused persons came on the table of the complainant. Among them Vijay Kumar Gupta, an agent of sale and purchase of land, had asked the complainant to purchase the land of Samrendra Kumar, who has a piece of land, which is undisputed. He had further shown the photo copy of deed and revenue rent receipt of land, which was in the name of Samrendra Kumar and Radhika Devi. Thereafter all the accused persons induced him to purchase the land. The Complainant was also in need of a piece of land, thus he became ready to purchase the land at a price of Rs. 15,34,500/-. It was decided that the complainant shall get the land registered within six months. At the same time, the complainant had paid Rs. 4,11,000/- cash as advance against that land to Samrendra Kumar (petitioner). A deed of agreement for sale was executed between complainant and Samrendra Kumar. It is further alleged that complainant had also requested to call Radhika Devi to make signature upon that deed. Samrendra Kumar assured him that she will make signature at a later stage. On 12.12.2012 Samrendra and Vijay again came to the table of the complainant and requested to provide Rs. 1,40,000/-. The Complainant had again paid the said amount. Thereafter the complainant had requested Samrendra to transfer the land in his name after receiving due amount. But six months passed. Unable to get the land registered the, complainant sent a legal notice. On 22.3.2013 while the complainant was coming to the court along with witness No.5, he was intercepted by all the accused persons. They abused and threatened in the light of legal notice. The accused persons stated that they will neither transfer the land nor return the money to the complainant. Hence, the complaint case was filed.