- (1.) HEARD learned counsel appearing for the petitioner and learned counsel appearing for the opposite party no.2.
(2.) THIS application is directed against the order dated 6.2.2013 passed by the Sessions Judge, Bokaro in Cr.Rev.No.2 of 2013 affirming the order dated 21.12.2012 passed by the Judicial Magistrate,1st class, Bokaro in connection with Sector IV P.S case no.81 of 2009 whereby and whereunder prayer made for discharge was rejected. It is the case of the prosecution that this petitioner entered into the house of the informant, who happens to be the nephew of the petitioner. However, with the intervention of the well wisher, it was agreed upon that the petitioner would be staying in the said house and would be making construction of the house. It was also agreed in between the parties that the petitioner would be depositing certain amount with Balram Singh in lieu of staying in the said house. That amount, in fact, was deposited by the petitioner with Balram Singh which was supposed to be taken back by the informant but when the informant came to Balram Singh for taking money, it was told by Balram Singh that the petitioner had earlier come to him and took away the entire amount by saying that he will be giving the amount to the informant.
(3.) ON such allegation, a case was registered as Sector IV P.S. Case no.81 of 2009 under Sections 406 and 420 of the Indian Penal Code. Upon completion of investigation, when charge sheet was submitted, cognizance of the offence was taken. After appearance, an application was filed for discharge taking plea that no offence is made out either under Section 406 or 420 of the Indian Penal Code. However, that application was rejected.;