RONGON MUKHOPADHYAY, J. - (1.) R . Mukhopadhyay Heard Mr. Niranjan Singh, learned counsel for the petitioner and Mrs. J Mazumdar, learned counsel for opposite party no. 2. So far as the opposite party no. 3 is concerned, by virtue of non compliance of the order of this Court dated 12.08.2008, the instant application already stood rejected as against the opposite party no. 3.
(2.) IN this application, the petitioner has challenged the order dated 9.5.2002, passed by Shri A.K. Yadav, learned Judicial Magistrate, Dhanbad in C.P. Case No. 1129 of 2000, whereby and whereunder the learned court below has refused to take cognizance for the offence under sections 420, 406, 409 and 120B of the Indian Penal Code and has consequently dismissed the complaint under the provisions of section 203 of the Code of Criminal Procedure. The prosecution story, as would appear from the complaint petition instituted by the petitioner, is that the complainant along with one Ashok Kumar was willing to purchase a house in Hirapur locality in Dhanbad town and the opposite party no. 2 had informed them that there is a house of one Smt. Geeta Sen at Hirapur Hatia Road, which was for sale. It was alleged that believing the statement of the co -accused, the complainant -petitioner became ready to purchase the said house and had paid an amount of Rs.5,50,000/ - as part of the total consideration amount of Rs.11 lacs on various dates and after receiving the said amount, the accused persons on one pretext or the other, delayed taking steps for registration of the said property. It was further alleged that the complainant subsequently came to know that there are various litigations with respect to the said house in question and when he requested the accused persons to refund the advance amount but in spite of giving a written undertaking, when the amount was not refunded, the complaint case was filed.
(3.) THE aforesaid complaint was sent to the police under the provisions of Section 156(3) of the Code of Criminal Procedure for registering the case and subsequent thereto, Dhanbad P.S. Case No. 713 of 2002 was instituted. After investigation, having found the case to be that of a civil nature, a final form was submitted by the Investigating Officer. On being noticed, the petitioner filed a protest petition, which was treated as a complaint petition and on enquiry under section 202 Cr.P.C., the complainant was examined on solemn affirmation as also his witnesses and ultimately vide order dated 9.5.2002 having found the case to be purely a case of civil nature, the complaint case was dismissed.;