D.N. Prasad, J. - (1.) This application has been filed for quashing of Telco (Birsanagar) P.S. Case No. 153 of 2001 (GR No. 1297/ 2001) registered under 420/406/468/386/418/506/34 of the Indian Penal Code.
(2.) The prosecution case in brief, as stated that the Opposite party No. 2 and her husband booked one Duplex Bungalow No. 8 in Phase -II of Narayani Complex at Prakash Nagar, P.S. Birsanagar in the town of Jamshedpur for a final consideration of Rs. 4,50,000/ - and initially she paid a sum of Rs. 25,000/ - on 14.1.1998 and thereafter she paid a sum of Rs. 3,25,000/ - for purchase of the said Duplex Bungalow No. 8. Lastly, the complainant paid a sum of Rs. 50,000/ - to the petitioners on 15.3.1999 as a full and final consideration money. But, the construction of the Duplex Bungalow No. 8 was not done as per the building plan. On the repeated requests made by the complainant the work could not be completed. It is also alleged that the petitioners demanded Rs. two lakhs from the Opposite party No. 2 by letter/notice dated 17.3.2001 and thereafter FIR was lodged.
(3.) The learned counsel appearing on behalf of the petitioners submitted that the whole allegation is based upon the agreement and as such there is no criminal liability and at best the allegation as made out is of civil nature as well as no offence as alleged is made out. It is further argued that the complainant had already taken the possession of the Duplex Bungalow and there was no grievances at the relevant time as well as the complainant made a complaint before the Deputy Commissioner, Singhbhum East and for the same allegations, this false case has been filed with mala fide intention and, therefore, the entire prosecution case is fit to be quashed.;