MANAS KUMAR GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal revision petition has been preferred against the order dtd. 27/6/2019 passed in P.C.R. No.241/2015 by which the discharge petition of the petitioner has been rejected and the learned court below held that prima facie case is made out under Ss. 418 and 406 of the Indian Penal Code.

(2.) As per the complaint petition filed on 24/6/2015 by opposite party no.2, the accused no.1 had wanted to sell his land as detailed in the complaint petition to the complainant for which an oral agreement was entered for sum of Rs.3,00,000.00. In pursuant to it, Rs.1,05,000.00 was paid to the accused on 2/5/2011. It is also averred that on different dates, the balance amount was paid by the complainant in A/c No.30628253413. After full payment of consideration amount, a legal notice was served following which the instant case has been filed. During enquiry, statement of the complainant was recorded and four witnesses were examined, on the basis of which summoning order was issued and the summoning order was challenged in Cr.M.P. No.1548 of 2016 which was dismissed as withdrawn on 17/3/2017.

(3.) Petitioner preferred discharge petition under Sec. 245 of the Cr.P.C. dtd. 14/3/2019 which has been rejected against which the instant petition has been filed.