NAKUL SONAR Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and learned counsel appearing for the State.

(2.) The petitioner by filing this application under Sec. 378(4) of the Code of Criminal Procedure Code, 1973, is seeking leave to appeal against the order and judgment dated 26.09.2011 passed by Veena Mishra, learned Judicial Magistrate, 1st Class, Dhanbad in C.P. Case No.138 of 2009 [T.R. No.675 of 2011] whereby and where under the accused persons were acquitted of the charges under Sections 417, 323, 504 of the Indian Penal Code.

(3.) It is the case of the complainant that the opp. Parties No.2 and 3 being owners of the land bearing Khata No.65 appertaining to Plot Nos.182 and 183 situated at Mauza:-Tundi along with a constructed house over an area of 5 Feet X 37 Feet, intended to sell it for a consideration amount of Rs. 60,000.00. When the complainant offered to purchase it, the accused persons entered into an agreement with the complainant to sell it to him. Accordingly, Rs. 20,000.00 was paid as an advance. Rest of the money of Rs. 40,000.00 was to be paid later on which the complainant subsequently tendered but the accused persons refused to accept it and to execute the sale-deed. Therefore, a Legal notice was sent calling upon the accused persons to execute the sale deed. When the complainant came to the house of the accused persons for requesting them to execute the sale-deed, the accused persons became quite angry and assaulted the complainant with fists and slaps and snatched the file of the complainant containing important documents.