- (1.) In this application the petitioners have prayed for quashing the entire criminal proceedings in connection with C. P. Case No. 1084 of 201Rs.5 including the order dated 12.01.2016 whereby and whereunder cognizance has been taken for the offences punishable under Sections 406, 420, 477A, 120B of the Indian Penal Code.
(2.) A complaint case was instituted in which it was stated that the complainant is the owner of a property situated at Jharia which was leased out to UCO Bank through a registered deed dated 19.03.2002 for a period of five years effective from 01.07.2001 to 30.06.2006 at a monthly rent of Rs. 18,746.55. The lease deed was subsequently renewed till 30.06.2006 at a enhanced rate of rent of Rs. 23,095.70/ - per month. It is alleged that after the lease deed expired on 01.07.2011 the same was never renewed by the accused persons. Since the lease was not renewed, an eviction suit was filed by the complainant on 31.08.2013 for eviction of the Bank from his premises and for realization of arrears of rent. It is alleged that the accused no. 5 assured the complainant of executing a new lease agreement and persuaded him not to pursue the suit at which the complainant stopped taking step in the suit. It is further alleged that inspite of assurance the lease deed was never renewed for which a legal notice was served upon the accused persons by the complainant. However, in order to defeat the purpose of the suit an amount of Rs. 6,23,583.90/ - was deposited in the account of the complainant and had also deducted 10% of the same under TDS. It has further been alleged that accused nos. 4 and 5 had demanded Rs.50,000/ - as illegal gratification for renewal of the tenancy lease and on protest the complainant was pushed which resulted in his suffering injuries.
(3.) Based on the aforesaid allegation C. P. Case No. 1084 of 2015 was registered.;