D.K.SINHA, J. - (1.) THE present Criminal Revision has been directed against the order impugned dated 13.12.2005 passed by Shri Anil Kumar Pandey, Judicial Magistrate, 1st Class, Giridih in T.R. No. 832/05 arising out of Giridih (T) P.S. Case No. 35 of 2000 whereby and where under the discharge petition filed by the petitioner Geeta Agarwal was rejected.
(2.) THE prosecution story in brief is that the O.P. No. 2 Deepak Kumar Sinha presented a written report before the Giridih police alleging therein that he had entered into an agreement with the petitioner on 29.8.2000 whereby the petitioner had agreed for sale of her land appertaining to Holding No. 351, Ward No. 1 situated at Makatpur @ 17,000/ - per Katha for total area of 2 Big has and in this connection she received Rs. 1,00,000/ - as an advance on 29.8.2000 and further received Rs. 30,000/ - on 5.10.2000 and Rs. 1,20,000/ - on 3.10.2000 against the receipts. It was further alleged that the petitioner herein made over the possession of her land in question to the informant opposite party No. 2 over which the latter constructed a room and was living therein with the members of his family. On 24.12.2000 when the informant opposite party No. 2 went to the petitioner and requested her to execute sale deed as per agreement for sale in his favour on payment of balance consideration amount, it was alleged that she became furious, abused him and declined to execute the sale deed and for her such dishonest intention the First Information Report was lodged for the offence under Section 419/420, IPC. The police after investigation submitted charge -sheet in those sections and accordingly the cognizance of the offence was taken by the CJM, Giridih against the petitioner.
(3.) LEARNED Counsel for the petitioner submitted that the allegation is false against her and even if at all the opposite party No. 2/informant was aggrieved, the remedy was available by filing a suit for specific performance of contract. The informant presuming that he would not succeed in the civil suit preferred to file a criminal case with the intention only to put undue pressure upon the petitioner who is a widow with oblique motive.;