NIRANJAN SAW Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioners are aggrieved of the order dtd. 24/1/2018 by which cognizance of the offence under Sec. 379, 448, 427 r/w 34 IPC has been taken in Complaint Case No.1205 of 2016.

(2.) Plea raised on behalf of the petitioners is that a purely civil dispute has been given colour of a criminal case with mala-fide intention of the complainant to wreck vengeance on the petitioners.

(3.) The learned counsel for the petitioners referring to the decision in "Rashmi Jain vs. State of U.P." (2014) 13 SCC 553 submits that a bare reading of the complaint petition, statement of the complainant on solemn affirmation and the evidence of the enquiry witnesses would indicate that the occurrence as alleged by the complainant is so improbable that no prudent person would believe that. The petitioners have brought on record the judgment in Title Suit No.19 of 2007 and the orders passed in Title Appeal No.51 of 2010 and Revocation Case No.1 of 2015 to demonstrate that there was litigation between the parties in which the complainant has lost his claim.