SARANAN CHATTOPADHYAYA Vs. STATE OF BIHAR NOW JHARKHAND

JUDGEMENT

(1.) In this application the petitioner has challenged the order dated 27-4-1998 passed by the trial Court rejecting the petition under Section 245 (1) of the Code of Criminal Procedure filed by the petitioner for his discharge.

(2.) The facts in short are that a complaint petition was filed by the opposite party No.2 before the Chief Judicial Magistrate, Dhanbad, against the petitioner and one Budhadev Banerjee for commission of the offence under Section 420 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act, which was registered as C. P. Case No. 268 of 1995.

(3.) In the complaint petition, it was alleged that the complainant-opposite party No.2 had a marriageable daughter, namely, Meena Chakraborty and he was in search of matching groom for his daughter. A common relative, namely, Budhadev Banerjee (the other co-accused) assured the complainant that the marriage between his daughter and Asish Chattopadhya, son of petitioner can be settled provided some cost and expenses are paid to him for approaching the petitioner, who at that time was at Vishakapattanam. Accordingly, the complainant paid Rs. 10,000/- to the other co- accused Budhadev Banerjee. It was further alleged that the petitioner being the father of the boy gave his consent for the marriage of his son and the date of marriage was also fixed, but later on, the accused started demanding dowry which could not be fulfilled and therefore, the accused petitioner cancelled the marriage by sending telegram.