MAHABIR PRASAD KANNODIA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application for leave to appeal under Section 378 (4) of the Cr.P.C. against the judgment and order dated 30th May, 2003 passed by the Judicial Magistrate 1st Class, Latehar in Complaint case No. 4 of 1994/Trial No. 1533 of 2003 has been preferred by the petitioner after delay of about 25 days O.P. No. 2 was noticed in the matter of limitation and admission.

(2.) Having heard the counsel for the parties and sufficient cause having been explained, we condone the delay of 25 days.

(3.) So far as merit of the case is concerned, it appears that the petitioner claimed to have purchased the land measuring 18 acres of Plot Nos. 3 and 27 of Khata No. 58 by registered sale deed dated 18th July, 1973 (Exhibit-1) and also claimed to be in possession of the land. It was alleged that the O.P. No. 2 sold the land in question to a 3rd party, namely. Ram Prasad Singh by a sale deed contained in Exhibit 1/a, which constitutes offence under Sections 420, 468 and 504, I.P.C.