Rongon Mukhopadhyay, J. - (1.) HEARD Mr. Indrajit Sinha, learned counsel appearing on behalf of the petitioner and Mr. N.K. Pasari, learned counsel for the opposite party No. 2.
(2.) IN this application, the petitioner has prayed for quashing the entire criminal proceedings in connection with Complaint Case No. 1683 of 2013 including the order dated 07.09.2013 passed by Sri S.D. Tripathi, learned Judicial Magistrate, First Class, Ranchi whereby and whereunder cognizance has been taken for the offence punishable under Sections 406, 420 of the Indian Penal Code. A complaint case was initiated by the complainant -opposite party No. 2 in which it was stated that the petitioner is the owner of 15 kathas of land with double storied building situated over R.S. Khata No. 46, Plot No. 1511 at Morabadi, Ranchi. It has been alleged that the son of the petitioner induced the opposite party No. 2 to contact the petitioner for negotiating the purchase of the property and pursuant to the same it was agreed upon that the sale of the property would be on consideration amount of Rs. 2.55 crores. It has been alleged that on 07.08.2012 an agreement was executed and advance of Rs. 1 lakh was paid to the petitioner and thereafter on several occasions on various pretexts made by the petitioner a total amount of Rs. 1,81,00,000/ - had been paid to the petitioner and the remaining balance consideration amount stood at Rs. 74,00,000/ -. It has also been alleged that five cheques worth Rs. 45,00,000/ - was given to the petitioner but the petitioner was not ready to accept the said cheques as the same will take a long time in clearance and, therefore, the petitioner had demanded bank draft in lieu of the cheques. Accordingly, as has been stated by the complainant demand drafts of different denomination of a total balance amount of Rs. 74,00,000/ - was made and since the five cheques worth Rs. 45,00,000/ - was no longer required the complainant had stopped payment of the said cheque. It has further been alleged that on 28.05.2013 when the complainant along with his brother Kamal Kumar Singhania went to the petitioner and offered the draft the same was flatly refused and the five cheques amounting to Rs. 45,00,000/ - was also refused by the accused persons to be returned to the complainant. Thereafter, it has been alleged that a legal notice was sent to the accused persons for failure of compliance of the terms of the agreement dated 07.08.2012 and since there was no response and that the act of the accused persons deceived the complainant to enter into an agreement and the complainant having been deceived by the accused persons a Complaint Case No. 1683 of 2013 was instituted.
(3.) AFTER conducting an enquiry by examining the complainant on solemn affirmation as well as his witnesses cognizance was taken by Sri S.D. Tripathi, learned Judicial Magistrate, First Class, Ranchi on 07.09.2013 for the offences punishable under Sections 406, 420 of the Indian Penal Code.;