AAKRIT SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this application, the petitioner has challenged the order dated 2-9-2002, passed by the Judicial Magistrate, Ranchi in C.P. Case No. 481 of 2002, whereby the learned Magistrate has taken cognisance of the offences under Sections 420 and 406 of the Indian Penal Code against the petitioner.

(2.) The Opposite Party No. 2, Dr. Raj Narayan Raj filed a complaint before the learned Chief Judicial Magistrate, Ranchi on 2-8-2002 against the petitioner and his wife Umravati Devi alleging therein that he had purchased a Mahendra Jeep bearing No. JH-11 /A-2953 from the wife of the petitioner. It is alleged that after using the vehicle for some time, he thought to resale the said vehicle to the petitioner and, accordingly he offered the petitioner to purchase of the said vehicle and then the petitioner is said to have agreed to purchase the same and both the parties agreed to the price of the vehicle at Rs. 1,16,000/-. Accordingly, a written agreement was executed between them on 3-1-2002. It is further alleged that as per the terms of the agreement, the complainant handed over the said Jeep to the petitioner and the petitioner was to pay 1,30,000/- on 20th of June, 2002 and after a sum of Rs. 20,000/- on 20th of July, 2002 as per the terms of the agreement. Lastly, it was alleged that even after expiry of the period as agreed between the parties, the petitioner neither paid the price for the vehicle agreed upon nor he returned the vehicle to the complainant.

(3.) The complainant was examined on solemn affirmation and thereafter one witness was examined on his behalf during enquiry under Section 202, Cr. P.C. Subsequently by the impugned order, the learned Judicial Magistrate took cognizance of the offences under Section 406, I.P.C. against the petitioner only and not against the wife of the petitioner who was also named as an accused in the complaint petition.