LAWS(JHAR)-2012-3-104

MANOHAR PRASAD BHADANI Vs. STATE OF JHARKHAND

Decided On March 29, 2012
Manohar Prasad Bhadani Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) IN this application, petitioners pray for quashing of FIR in connection with Koderma P.S. Case No. 274 of 2001 dated 13.07.2001 under Sections 420, 467, 468, 471, 120 -8 and 379 of the IPC.

(2.) IT is alleged that petitioner No. 1 being a shareholder of M/s. Chattu Ram Horil Ram Pvt. Ltd. (hereinafter referred as 'Company') sold a portion of land pertaining to khata No. 322 knowingly that he had no power to sell aforesaid land. It is alleged that by doing so petitioner No. 1 put 'ass to the Company.

(3.) ON the other hand. Sri Srijit Choudhary. G.A. submits that in the first information report there is allegation that petitioner No.1 was knowing that the land belongs to the Company and has no power to sell it, but inspite that he sold the land and by doing so. cause loss to the Company. Thus, the offence of cheating is made out against the petitioner No.1. He submits that it is well settled that even if a title suit is pending criminal proceeding cannot be quashed because procedure of both the proceeding are different.