SORBRATI KHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Rohan Mazumdar, learned counsel for the petitioner, Mr. Vishwanath Ray, learned counsel for the State and Mr. Arpit Kumar, learned counsel for the O.P. No. 2.

(2.) This petition has been filed for quashing of entire criminal proceeding arising out of Complaint Case No. 91 of 2016 including order taking cognizance dtd. 25/5/2017 pending in the Court of learned Judicial Magistrate, Koderma.

(3.) O.P. No. 2 has filed the complaint case alleging therein that the accused-petitioner had good relation with the complainant. The accused- petitioner contacted to the complainant and told that he is in urgent need of money and therefore, he requested the complainant to give him Rs.85,000.00. The complainant agreed to give Rs.80,000.00 to the petitioner with the condition that he would execute a sale deed of 20 decimals of land under Khata No. 65, Plot No. 1039, Mouza Bindomoh, P.S. Nawalshahi, District Koderma and to this effect the accused-petitioner had executed an agreement on 29/1/2002. It is further alleged that on several occasions the complainant requested the petitioner for execution of sale deed but the petitioner every time took excuses and lastly the complainant came to know that rent receipt of the petitioner has not been issued and hence he will not execute the sale deed. Thereafter the complainant sent a legal notice on 13/10/2015 to the petitioner but the accused-petitioner denied to execute the sale deed. It is further alleged that neither the accused executed sale deed nor returned a sum of Rs.85,000.00 to the complainant moreover the accused threatened the complainant.