MIR MD. SAJJAD ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner; learned A.P.P. for the State and learned counsel for the opposite party no. 2.

(2.) The petitioner has moved the Court under Sec. 482 of the Code of Criminal Procedure, 1973 for the following relief:

(3.) The petitioner is accused of having fraudulently transferred the land for which agreement was executed with the petitioner. It is alleged that on 11/4/1995, an agreement was made for sale of land for consideration of Rs.1,50,000.00 out of which Rs.5,000.00 was paid and thereafter, despite repeated request, when sale deed was not executed in the year 2003-04, the informant further paid a sum of Rs.1,11,300.00 but still the petitioner refused to execute document and took the stand that the price had increased to Rs.4,50,000.00. It was stated that the informant with the help of his wife paid a further amount of Rs.3,08,700.00 in cash through Bank transfer and, thus, the total amount paid was Rs.4,25,000.00. It was submitted that though a second agreement was signed in the year 2007 but the petitioner has executed sale deed in favour of another person.