RONGON MUKHOPADHYAY,J. - (1.) No one appears on behalf of the petitioner. However, Mr. Krishna Shankar, learned A.P.P. is present.
(2.) This application is directed against the judgment dated 28.08.2001 passed by the learned 1st Additional Sessions Judge, Godda in Criminal Appeal No. 98 of 1998/26 of 2001 whereby and where under the appeal preferred by the petitioner against the judgment and order of conviction and sentence dated 29.07.1998 passed by the learned Judicial Magistrate, 1st Class, Godda in G. R. Case no. 1183 of 1994 convicting the petitioner for the offence punishable under Sections 406 and 420 of the Indian Penal Code and sentencing him to undergo simple imprisonment for one year on each count has been affirmed only with respect to the conviction passed against the petitioner for the offence punishable under Sections 420 of the Indian Penal Code.
(3.) It appears that a complaint case was initially instituted by the complainant on the allegation that the petitioner was approached for purchasing piece of land for a consideration amount of Rs. 61,000/-. It is alleged that the informant had paid Rs. 10,000/- on 10.02.1993 and thereafter on 15.12.1993 further amount of Rs. 20,000/- was paid. Allegation has also been levelled that on 28.02.1994 the complainant had approached to the petitioner with rest amount of Rs. 31,000/- the petitioner denied to accept the same and had also denied that earlier amount of Rs. 30,000/- was received by him. Such act on the part of the petitioner led the complainant to institute a compliant case which was subsequently referred to the Police under Section 156 (3) of the Cr.P.C. leading to registration of G. R. Case No. 1183 of 1994.;