Rongon Mukhopadhyay,J. - (1.) Heard Mr. Shailesh, learned counsel appearing on behalf of the petitioner and Mr. Vikas Kishore, learned counsel appearing on behalf of the State. No one appears on behalf of the opposite party No. 2.
(2.) In this application, the petitioner has prayed for quashing the entire criminal proceedings in connection with C.P. Case No. 1114 of 1999 including the order dated 25.01.2001 passed by the learned Judicial Magistrate, Dhanbad by which cognizance has been taken for the offence u/s 420/406 of the Indian Penal Code (IPC).
(3.) The prosecution story as would appear from the complaint petition instituted by the opposite party No. 2 herein is that the accused petitioner is the sole and absolute owner of the scheduled land given in the complaint petition and was having right, title, interest and possession over the said land since the year 1979. It was alleged that on 21.9.1996 by virtue of sale agreement, accused had sold the entire land mentioned in the schedule to the complainant on a consideration amount of Rs. 55,000/- and on that date itself the complainant paid Rs. 53,000/- to the accused. It was also alleged therein that instead of adhering to the undertaking given by the accused for registration of the land in favour of the complainant, inspite of lapse of almost 3 years, the registration was not done. It has further been alleged that a legal notice was also given to the accused and verbal requests were also made on several occasions to return back the consideration amount but the same was not acted upon by the accused resulting in filing of the complaint petition.;