KRISHNA NANDAN SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Indrajit Sinha, the learned counsel for the petitioner, Mr. Rajeeva Sharma, the learned Senior counsel for the O.P.no.2 and Mr. Bishambhar Shastri, the learned counsel for the respondent State.

(2.) The present petition has been filed for quashing of the order dtd. 7/8/2012 passed in Criminal Revision No.43 of 2010 whereby the learned court of Principal Sessions Judge, Pakur has been pleased to dismiss the revision preferred by the petitioner against the order taking cognizance dtd. 7/9/2010 passed by learned Judicial Magistrate, 1st Class, Pakur, in connection with P.C.R.Case No.194 of 2009 pending before the learned Judicial Magistrate, 1st Class, Pakaur.

(3.) The complaint case was filed alleging therein that the accused person approached the complainant to give him financial assistance of Rs.3.00 lac for the treatment of his wife at Calcutta and on 8 th day of August, 2008 (Saturday) the accused person reached in the house of complainant in village Choukidhab in the morning at about 10 AM and requested in presence of the witnesses to the complainant to help him by providing Rs.3.00 lac for treatment of his wife and it was very urgent for the said purpose and the above amount will be returned to the complainant within one month. Out of the loan amount of Rs.3.00 lac, the petitioner has returned Rs.50,000.00 and assured the complainant to return the rest Rs.2,50,000.00 within four to five months time with eleven per cent fixed deposit interest. It is alleged that knowingly and intentionally with the malafide intention of deceiving, the complainant induced him to deliver the cash amount of Rs.3.00 lacs and out of the said amount Rs.50,000.00 has been paid and refused to pay the rest amount and thus the accused persons has cheated the complainant and is liable to be prosecuted under Sec. 420 of the IPC.