QAYAMUDDIN KHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application has been filed for quashing the order dated 20.01.2004 passed by Sessions Judge, Garhwa in Criminal Revision No. 32 of 2003, whereby and where under, he dismissed the said criminal revision and upheld the order dated 21.04.2003 passed by learned Sub-divisional Judicial Magistrate, Garhwa in Complaint Case no. 492/2002, whereby and where under he took cognizance against the petitioner under section 420 of the Indian Penal Code. It appears that respondent no. 2 (complainant) has filed a complaint case in the court of Chief Judicial Magistrate, Garhwa on 10.9.2002, alleging therein that he purchased 14.11 decimals of land (alongwith building standing on it), pertaining to plot no. 598 khata no. 23 of village unchari P.S. and district Garhwa by two sale deeds. It is further alleged that same land was also purchased by the petitioner. Thereafter, a panchayati took place to resolve the dispute and during said panchayati, it was decided that petitioner will get the house standing on the land in question and shall pay Rs. 1,15,000/0 to complainant in lieu of that. It was also decided that the vacant land will be retained by the complainant/respondent no. 2. It is stated that in view of the aforesaid decision of panchayat, petitioner gave a cheque of Rs. 1,15,000/- to respondent no. 2. Thereafter, possession of the house given to him. It is further alleged that said cheque deposited in Canara Bank, Nanded (Maharashtra) on 11.02.2002 for encashment.. But the same has been dishonored and returned to the respondent no. 2. Thereafter, on 03.09.2002 respondent no. 2 gave legal notice to the petitioner. Thereafter present complaint case filed.

(2.) It appears that learned Chief Judicial Magistrate, Garhwa transferred the said complaint case in the court of learned Sub-divisional Judicial Magistrate, Garhwa under section 192(1) of the Cr.P.C.. It then appears that learned Sub-divisional Judicial Magistrate, Garhwa made inquiry as envisaged under section 202 of the Cr.P.C. and then, by order dated 21.04.2003 issued summons against the petitioner.

(3.) Against the aforesaid order a Criminal Revision vide Cr. Revision no. 32 of 2003 filed in the court of Sessions Judge, Garhwa. It appears that Sessions Judge, Garhwa by his order dated 20.01.2004 dismissed the criminal revision and upheld the order dated 21.04.2003 passed by Sub-divisional Judicial Magistrate, Garhwa. Aforesaid two orders challenged in this application.