Asha Arora, J. - (1.) By the present application under Section 482 of the Code of Criminal Procedure petitioner has challenged the proceeding arising out of Simlapal P.S. Case No. 11/2012 dated 16.02.2012 under Sections 420/34 of Indian Penal Code being G.R. Case No. 119/2012 pending before the learned Additional Chief Judicial Magistrate, Khatra at Bankura. Petitioner also assailed the order dated 31.07.2015 passed by the learned Additional Sessions Judge, Khatra, Bankura in Criminal Revision No. 12/2015 affirming the order dated 26.06.2015 passed by the learned Additional Chief Judicial Magistrate, Khatra whereby the prayer for discharge of the petitioner was rejected.
(2.) The facts in brief leading to the present application are as follows :
(3.) On 16.02.2012 the complainant Sudhir Kumar Sarkar, Secretary of Baricha Samabay Krishi Unnayan Samity (S.K.U.S.) Limited, a registered cooperative society lodged a written complaint at Simlapal P.S. alleging the offence of cheating against the petitioner and his two sons. The allegation against the petitioner is that he took loan of Rs. 50,000/- (rupees fifty thousand only) from the said society by mortgaging his land which he had already sold to the Government. The aforesaid fact was suppressed by him. Against the sons it was alleged that they took loan from the society by falsely projecting their fallow land as agricultural. Investigation culminated in the submission of the charge-sheet under Section 406/420/34 of I.P.C. against the petitioner and his two sons who made an application before the learned Magistrate paying for discharge. After contested hearing, the aforesaid application was allowed in part by the order dated 26.06.2015 whereby the two sons of the petitioner were discharged from the case but the prayer for discharge qua the petitioner was rejected. Petitioner challenged the aforesaid order in Criminal Revision No. 12/2015 before the learned Additional Sessions Judge, Khatra. By the order impugned the criminal revision was dismissed on contest.;