JANAB SALEEM SAHAB AND M.S.HODA @ MAZIDUR RAHMAN Vs. STATE OF JHARKHAND, KRISHNA MURARI SINGH, VINAY KRISHNA RAY AND ALOK KUMAR GUPTA

JUDGEMENT

(1.) THE present criminal misc. petition under Sec. 482 of the Cr.P.C. has been preferred by the petitioners with a prayer to quash the impugned order dated 6.11.2003 by which the learned C.J. M., Ranchi has taken cognizance against the petitioners for alleged offences under Sec. 406, 420 and 468 of the Indian Penal Code.

(2.) SOME admitted facts on record are that the petitioners have entered into an agreement with the respondents -opposite parties to sell the disputed property described as below: 62, Circular Road, Ranchi, Khata No 43, plot No. 1608, 1609 with all the structure attending thereon with buildings, out houses, wells trees etc. area more or less 5.527 Acres on agreed price of Rs. 2,00,00,151.00 (Rupees Two Crores One Hundred Fifty one only) as per annexure -2.

(3.) THE petitioners have entered into the above mentioned agreement on the basis of an agreement with one Ranu Priti Mookherjee stated to be executed on 23.7.1984 but the said agreement has not been filed by the petitioners before this Court. This is also admitted fact on record that the petitioner has received advance money Rs. 31,86,111 (Rupees thirty one lacs eighty six thousand one hundred eleven only). However the said agreement could not be fulfilled and the O.Ps lodged a complaint case No. 717 of 2003 before the court of CJM, Ranchi alleging therein that the agreement was made with a purpose to cheat the complainants and misappropriate the advance amount by the petitioners having full knowledge that the said Ranu Priti Mookherjee has got no title over the land. Therefore they have cheated the complainants and got the advance money for an agreement which they knew could not be fulfilled.