ARUN KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BY the Court. -This application is directed against the order dated 13.7.2009 passed in Complaint case No. 649 of 2009 whereby and whereunder the then Judicial Magistrate, Hazaribagh took cognizance of the offence under Section 420 of the Indian Penal Code against the petitioner.

(2.) THE facts giving rise to this application are that the complainant -opposite party No.2 filed a complaint case No. 649 of 2009 before the Chief Judicial Magistrate, Hazaribagh stating therein that he had entered into an agreement with this petitioner for sale of an under construction flat, situated at am Enclave, Hazaribagh for a consideration of Rs.9 lacs and as against that, a sum of Rs.1.61 lacs was paid in advance. As per the registered agreement, delivery of possession of the flat was supposed to be given on or before 2nd week of April, 2009, after receiving the remaining consideration amount.

(3.) IT has also been alleged that the statement which had been made in the notice was defamatory. That notice was replied but the petitioner refused to receive the said notice.