D.N.Upadhyay,J. - (1.) Heard the parties.
(2.) This Cr.M.P. has been filed for quashing the order dated 09.09.2004 whereby cognizance for the offence punishable under Section 420 read with Section 120-B IPC has been taken by the Sub-Divisional Judicial Magistrate, Jamtara in connection with P.C.R. Case No. 428 / 2001 [T.R. No. 1030/ 2004] and the entire criminal prosecution arising out of said case as against the petitioners.
(3.) The facts in brief is that the complainant had authorised petitioner no. 1 to look after the cases which were pending against him at Deoghar. It has been contended that the complainant had agreed to sell the property to one D.P. Modi and he had received advance out of consideration amount. No Sale Deed was executed due to some reason or the other. Therefore, said D.P. Modi had launched some criminal case against the complainant. The complainant was also having some property dispute at Deoghar. It was not possible for him to pursue all those cases by staying at Deoghar because he is resident of Kolkata, West Bengal. It is alleged that the petitioner no. 1 persuaded the complainant to give him Power of Attorney so that he may search out intending purchaser for the property belonging to the complainant at Deoghar and he had also agreed to look after those cases including the matter relating to said D.P. Modi. It is further alleged that petitioner no. 1 induced the complainant to transfer the property in favour of petitioners nos. 2 and 3 on a low price of Rs. 2,31,000/- whereas the property at the relevant point of time was valuing more than Rs. 6 Lac. The petitioner no. 1 did not take care of interest of D.P. Modi. As a result he filed Title Suit against the complainant. Due to deceptive intention and inducement made by the accused persons, the complainant was compelled to transfer his property on less value than actual price of the property concerned and, thereby, sustained loss. In the circumstances stated above, the complainant filed P.C.R. Case No. 428/ 2001 and after holding enquiry, the Magistrate took cognizance vide Order dated 09.09.2004.;