R.R.PRASAD, J. - (1.) THIS application has been filed under Section 482 of the Code of Criminal Procedure for quashing the order dated 18.5.2004 passed by Sri D. Baranwal, Judicial Magistrate, Dhanbad in C.P. case No. 1590 of 2002 whereby learned Magistrate having been found that the prima facie, case is made out under Section 417 of the Indian Penal Code summoned the petitioner to face trial.
(2.) THE facts giving rise this application are that complainant -opposite party No. 2 filed a complaint stating therein that the petitioner when offered to sell his land, Girja Devi (wife of the complainant) and Poonam Devi (younger brother's wife of the complainant) purchased the land by two separate sale deeds, bearing No. 1318 and 1180 for a valuable consideration on getting assurance that the land is free from encumbrances; recital to that effect was also made in the sale deed. Further case is that on coming to the possession of both the lands when the complainant applied for new electric connection, the Electricity Board intimated that a sum of Rs. 1,64,000/ - is outstanding as dues on account of charges of electric consumption. Thereupon, it was communicated to the petitioner, who did not agree to pay the dues to Jharkhand State Electricity Board nor did agree to refund the money to the extent of the dues outstanding. Thus, it has been alleged that the petitioner having been fully known about the existence of the dues purposely made recital in the sale deed that the land is free from encumbrances in order to cheat the complainant and hence committed offence under Sections 406, 420 and 120 -B of the Indian Penal Code. On filing the complaint, the complainant made statement on solemn affirmation and thereafter the matter was taken up for enquiry. After holding enquiry learned Magistrate did find that the prima facie case is made out under Section 417 of the Indian Penal Code and hence summoned the accused to face trial.
(3.) BEING aggrieved with the order, the petitioner has preferred this application.;