Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the parties on the prayer for condonation of delay of 9 days in preferring the instant petition made through I. A. No. 3459 of 2018. Upon consideration of the submissions made and the grounds urged, delay is condoned. Consequently, the instant I.A. stands disposed of. Cr. M. P. No. 1132 of 2018 Heard learned counsel for the parties on the merits of the prayer seeking special leave to appeal in terms of section 378(4) of the Code of Criminal Procedure, 1973 against the judgment of acquittal dated 23rd January, 2018 passed by learned Judicial Magistrate, 1st Class, West Singhbhum at Chaibasa in C/I Case No. 31 of 2011/T.R. No. 74 of 2018, whereunder the sole accused has been acquitted of the charges under Sections 420, 406 read with Section 34 of the Indian Penal Code.
(2.) Complainant alleged that the Company was in need of non-forest land for compensatory forestation and purchased an area of 40 acres in plot no. 258, Khata no. 155. But after registration, mutation could not be done. One Vijay Burman approached the Company to provide all the relevant papers relating to ownership of the said land and no objection certificate of the forest department and to ensure mutation in favour of the complainant-company, for which he demanded Rs. 3,30,000/-, out of which 2 Lakhs was paid in advance. It is alleged that on verbal assurance of accused Tapas Daripa, opposite party herein, who was employed under the sister company of the complainant, the amount was tendered to Vijay Burman, but Vijay Burman neither provided the aforesaid papers nor ensured the mutation of land and also did not refund the amount. Both the persons therefore cheated the Company with common intention.
(3.) Learned counsel for the petitioner submits that the other accused Vijay Burman was declared absconder and this case was tried for the instant offences against the opposite party.;