RONGON MUKHOPADHYAY, J. - (1.) HEARD the learned counsel for the parties.
(2.) IN this application, the petitioner has prayed for quashing the order dated 19.01.2002 passed by Sri D. K. Mishra, Judicial Magistrate, Dhanbad in C. P. Case No. 984 of 2001 whereby and whereunder the complaint case instituted by the petitioner was dismissed under Section 203 of Code of Criminal Procedure as also for quashing the order dated 06.05.2002 passed by the learned Additional Sessions Judge XI, Dhanbad in Criminal Revision No. 21 of 2002 by which the said order was affirmed.
(3.) A complaint case was instituted by the complainant petitioner in which allegations were made that petitioner after making payment of a sum of Rs. 1,89,200/ - had purchased a truck from the opposite party nos. 2 and 3 and he had also paid an amount of Rs. 40,000/ - in the month of April 2001. It is also alleged that the financier had seized the truck for which the petitioner had approached the opposite party nos. 2 and 3, but they did not make payment to the petitioner and in the meantime, the mother of the opposite party no. 3 died. Since in spite of approaching the opposite party nos. 2 and 3 on several occasions and no payment was made and as such, a complaint case was instituted by the petitioner. After the complaint case was instituted, in which after examination of the complainant on solemn affirmation and his witness, the same was dismissed under Section 203 of the Cr.P.C. and the learned Additional Sessions Judge XI, Dhanbad affirmed the said order in criminal revision filed by the complainant.;