SANJAY NAND JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE Petitioners have preferred this petition under Sec. 482 of the Code of Criminal Procedure for quashment of the Order impugned dated 19th June, 2006, passed by the learned S.D.J.M. Deoghar in PCR Case No. 727 of 2005(T.R. No. 1344 of 2006) whereby and whereunder the cognizance has been taken against the Petitioners under Seption 420/120B of the Indian Penal Code.

(2.) THE Prosecution story in brief is that the Petitioners, Sanjay Nand Jha and Nirmal Kumar Mishra with meeting of their minds represented before the Opposite parties No. 2 to 7 that one Shyam Nandan Shashtri, being the Secretary of Gurukul Mahavidyalaya and an authorised person on behalf of the Managing Committee of Gurukul Mahavidyalaya, had executed a general power of attorney in their favour to pursue for sale of the land appertaining to plot Nos. 17 and 18 corresponding to town plan plot Nos. 420 and 421 of Mauza Dhawani measuring 4 acres 7 decimals of land forming part of J.S. No. 2/3432 being the Baspur land transferable in nature, situated at Deoghar - Jesidih Road and the same is popularly known as Brahmacharya Ashram land. The Petitioners further represented that under the general power of attorney, both were empowered to make transfer of the said lands to the prospective purchasers for lawful consideration.

(3.) IT is stated in the Complaint petition that when the members of the Opposite Party with a view to get the draft of the sale deed prepared from their lawyer made an enquiry about the land, it was gathered from the lawyer that the land was disputed and a suit was pending in the Court of Sub - Judge, Deoghar being the Title (D) suit No. 94 of 2004. The matter was brought to the notice of the Petitioners in respect of the hinds being disputed. The Petitioners persuaded that litigation was at the final stage and only after disposal of the suit the transfer of the land would be executed, but after considerable time, when the Petitioners did not take any initiative for the transfer, a legal notice was served on them on 13th August, 2005. Inspite of that, the Petitioners did not return the said sum of Rs. 31,00,000 to the members of Opposite Party. Upon being convinced that the Petitioners after making criminal conspiracy with other accused persons have cheated Rs. 31,00,000 from the opposite parties, a complaint was lodged against them for the offence under Sec. 420/120B IPC.