- (1.) BY the Court. -This application is directed against the order dated 13.7.2009 passed in Complaint case No. 649 of 2009 whereby and whereunder the then Judicial Magistrate, Hazaribagh took cognizance of the offence under Section 420 of the Indian Penal Code against the petitioner.
(2.) THE facts giving rise to this application are that the complainant -opposite party No.2 filed a complaint case No. 649 of 2009 before the Chief Judicial Magistrate, Hazaribagh stating therein that he had entered into an agreement with this petitioner for sale of an under construction flat, situated at am Enclave, Hazaribagh for a consideration of Rs.9 lacs and as against that, a sum of Rs.1.61 lacs was paid in advance. As per the registered agreement, delivery of possession of the flat was supposed to be given on or before 2nd week of April, 2009, after receiving the remaining consideration amount. It is also the case of the complainant that the complainant with permission of the petitioner made investment of Rs.80,000/ - in furnishing the flat but before expiration of the period of registration of the sale -deed, a legal notice was given by the petitioner whereby he declined to execute sale -deed on the ground of breach of certain conditions.
(3.) IT has also been alleged that the statement which had been made in the notice was defamatory. That notice was replied but the petitioner refused to receive the said notice.;