BHARAT PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, Mr. Jay Shankar Tiwary, learned counsel for the petitioner and Mr. Someshwar Roy, learned A.P.P. appearing for the State.

(2.) The present petition has been preferred for quashing of the entire criminal proceeding as well as the order dtd. 30/8/2016 passed by learned C.J.M., Chatra, whereby and whereunder the cognizance has been taken under Sec. 406 and 120B of the IPC in connecting with Complaint Case No.186 of 2015 pending in the court of Chief Judicial Magistrate, Chatra.

(3.) Brief facts of the case giving rise to this prosecution are that the complainant and the accused Nos.1 and 2 namely Smt. Sumitra Devi and Ashok Kumar Gupta are gotiya to each other. The further case is that in urgent needs of money, the complainant agreed to sale his land area 0.55 acres under Mauza Demdem in Khata No.19, Plot No.253 on consideration amount of Rs.84,000.00 to the accused No.1Smt Sumitra Devi therein with condition of total payment to the complainant after execution and admission of sale deed. Further, the complainant, in good faith, has executed the sale deed in favour of the accused No.1 therein. On 22/12/2014, after execution of sale deed, when the complainant demanded the consideration amount from the accused No. 1 Smt. Sumitra Devi and accused No.2 Ashok Kumar Gupta therein, they refused to give the money saying that they have already paid total amount before the execution and admission of sale deed. The only allegation against the petitioner as alleged the complainant is that the petitioner being Deed Writer after hatching criminal conspiracy with the co-accused persons has handed over the original sale deed to the accused No.1 Smt. Sumitra Devi and accused No.2 Ashok Kumar Gupta therein with intention to cheat him.