D.N.UPADHYAY, J. - (1.) IT reveals from the complaint that the petitioner received more than Rs. 30 lakhs after giving assurance to the complainant and other witnesses that they would get employment and compensation against the land acquired by the B.C.C.L.
(2.) It is submitted that the complainant himself was an employee of B.C.C.L. and he knows the procedure and therefore, the contention made by him in the complaint cannot be relied upon. He has not furnished a chit of paper to show that payment was made to the petitioner. The complainant has also compromised the matter with some of the accused. Learned Counsel for the Complainant has vehemently opposed the prayer and submitted that the petitioner is the main person, who realized money and cheated the complainant and other witnesses and he had also returned some of the amount. Since the main allegation for realizing the money is against this petitioner, I do not think it proper to consider the prayer under Section 438 Cr. P.C. Accordingly, the same stands dismissed in C.P. Case No. 1947 of 2010, pending in the Court of Sri Sanjay Kumar No. 2, Judicial Magistrate, 1st Class, Dhanbad.;