SHARFUN NABI Vs. STATE OF BIHAR AND ORS.

JUDGEMENT

(1.) The Complainant of Complaint Case No.407(C) of 2000 giving rise to Danapur P.S.Case No.378 of 2000 is the petitioner in this application and he has prayed for the quashing of the order dated 08.03.2007 passed therein by Sri A.L.Yadav, Judicial Magistrate, First Class, Danapur, whereby the petitioners prayer for release of the amount of Rs. 1, 65,000.00 in his favour , in terms of order dated 7.4.2004 passed therein has been rejected and he has been directed to file a compromise petition. The short facts giving rise to the present application may be noticed briefly. The complaint aforesaid filed by the petitioner herein was transmitted to the concerned Police Station under Sec. 156(3) Criminals Procedure Code by the learned Additional Chief Judicial Magistrate, Danapur and on the basis thereof Danapur P.S. Case No.378 of 2000 was registered under Sections 420, 467, 468 and 471 Indian Penal Code as also Sec. 138 of the Negotiable Instruments Act ( hereinafter referred to as "the N.I.Act"). The prosecution case as made out in the complaint is that Opp.Party no.2 herein vide registered sale deed dated 16.11.1889 sold 3 kathas and 1 dhur of land in favour of Bibi Praveen, his daughter, and he assured at the time of the registration that the plot which he was selling is his own ancestral land and is not disputed. Influenced by the assurances of Opp.Party no.2, the informant and Bibi Praveen paid full consideration amount whereafter the deed was executed and registered. Subsequently the petitioner and his daughter learnt that the land registered in favour of Bibi Praveen did not belong to Opp.Party no.2 and was of some other person. The informant and Bibi Praveen then requested Opp.Party no.2 for refund of the consideration money, but the same was avoided by Opp.Party no.2 under one pretext or the other. Eventually, Opp.Party no.2 issued a cheque of Rs. 50, 000.00 in favour of Bibi Praveen on 7.6.2000 as advance and assured to pay the remaining sum by July, 2000. It is alleged that the cheque when presented was dishonoured due to insufficient funds in the account of Opp.Party no.2, whereafter the informant under a registered power of attorney from Bibi Praveen filed the aforesaid complaint.

(2.) The police after due investigation submitted a charge sheet against Opp.Party no.2 under Sections 420,467,468 and 471 Indian Penal Code as also Sec. 138 of N.I.Act.

(3.) It appears that a joint compromise petition was filed on 17.5.2003 , and in paragraph 3 thereof it was agreed between the petitioner and Opp.Party no.2 that the amount of Rs. 1,65,000.00 deposited in court on 29.06.2001 be released in favour of the petitioner after disposal of the case.