CHRISTOPHER BAA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Instant petition has been filed for quashing the summoning order passed in Complaint Case No.4180 of 2020 whereby and whereunder prima facie case has been found to be made out under Ss. 406 and 420 of the Indian Penal Code pending in the Court of learned Judicial Magistrate, 1st Class, Ranchi.

(2.) The petitioner is builder and as per the case of the complaint, he had taken friendly loan of Rs.15,00,000.00 from her and her husband through cheques and bank transfer. In order to give effect to the oral agreement, buyer and seller agreement was entered between the complainant and the petitioner and her husband for the purchase of a flat in Ranchi. The said apartment was constructed on Scheduled Tribe land and the transfer of flat in any case was not permissible in view of restriction under Chota Nagpur Tenancy Act, 1908. Complainant requested the petitioner to repay the amount then he entered into a civil agreement to pay back Rs.35,00,000.00 which was equivalent to prevailing market price of flat in the said apartment without intention to abide by the said agreement. The petitioner handed over the cheques of Rs.35,00,000.00 out of which only Rs.5,00,000.00 was encashed and remaining cheques were dishonored on account of insufficiency of fund.

(3.) The complainant had filed a case under Sec. 138 of the N.I. Act which is still pending before Trial Court.