SURESH PRASAD BURNWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Sec. 482 of the Code of Criminal Procedure with the prayer to quash and set aside the order dtd. 14/8/2020 passed by the learned Additional Sessions Judge-II, Jamtara, in Criminal Revision No. 05 of 2020 whereby and where under the learned Additional Sessions Judge-II Jamtara, has affirmed the order dtd. 18/12/2019 passed by learned Chief Judicial Magistrate, Jamtara in connection with P.C.R. Case No. 282 of 2019. Prayer has also been made to quash and set aside the order dtd. 18/12/2019 passed by the learned Chief Judicial Magistrate, Jamtara, in connection with P.C.R. Case No. 282 of 2019 whereby and where under the learned Chief Judicial Magistrate, Jamtara dismissed the protest-cum- complaint of the petitioner on the ground that no prima facie is made out.

(3.) The brief fact of this case is that the complainant filed a Complaint Case No. 48 of 2015; which upon being referred to the police under Sec. 156(3) of Cr.P.C., the police registered Jamtara P.S. Case No. 210 of 2015 but police after investigation submitted Final Form. Thereafter, the complainant filed protest-cum-complaint petition which was registered as P.C.R. Case No. 282 of 2019. The allegation against the private-opposite party is that the complainant was a tenant of the private-opposite party No. 2-Smt. Pranati Banerjee and Pranati Banerjee intended to sell the shop and at the price of Rs.4,00,000.00the complainant agreed to purchase the same. The complainant expressed that he is unable to pay the entire amount of Rs.4,00,000.00 at one time. The opposite party No.2 offered that the complainant can pay the entire consideration amount within a span of couple of years in easy installments. In this regard, an agreement for sell was entered into between the parties orally. The complainant in total paid Rs.3,00,000.00 and offered to pay the remaining amount of Rs.1,00,000.00 to the respondent, but respondent declined to accept that there is a balance due in payment of consideration amount and sold the said shop to one Sandeep Kumar Poddar by registered sale deed. The learned Chief Judicial Magistrate, Jamtara considering the contents of protest-cum- complaint petition, statement on solemn affirmation of the complainant and the statement of the inquiry witnesses, found that no prima facie case is made out and held that the matter is related to a civil dispute and dismissed the complaint petition.