BALESHWAR MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel appearing for the petitioner and also learned counsel appearing for the State as well as learned counsel appearing for the opposite party No. 2. This application has been filed for quashing of the entire criminal proceeding including the FIR of Kanke P.S. Case No. 16 of 2013 registered under Sections 406, 420, 467, 468, 471 of the Indian Penal Code against the petitioner.

(2.) BEFORE adverting to the submissions advanced on behalf of the parties, case of the complainant needs to be taken notice of.

(3.) FURTHER case is that the petitioner being the Honorary Secretary of the aforesaid Society after cancelling the allotment fraudulently deposited a sum of Rs. 1,97,216/ - in the account of the complainant. Subsequent to that, the petitioner sent 20 Bank Drafts amounting to Rs. 9,89,000/ - to the complainant under registered post. That amount, the petitioner had received as a sale price from a person, who was allotted "the same plot which had earlier been allotted to the complainant. On coming to know about this, the complainant made complaint before the District Cooperative Officer, Ranchi. When the complainant did smell some foul play on the part of the petitioner, the complainant returned back 20 Bank Drafts through registered post but the petitioner refused to receive that letter. Thus, it has been alleged that the petitioner had no jurisdiction to allot to other person the plot which had been allotted to the complainant and in this manner, the petitioner committed offence of forgery by creating document in the name of the Society only for its own personal gain and for cheating and deceiving the complainant.