- (1.) IN both the said petitions common prayer has been made for quashing the order taking cognizance dated 18.1.2005 of the offences under Sections 420, 406, 384, 120B of the Indian Penal Code against the petitioners in G.R. No. 219/ 2003, passed by learned Judicial Magistrate, 1st Class, Khunti.
(2.) BY the impugned order the cognizance of the said offences has been taken against Sanjay Kumar and Birendra Kumar Jaiswal (petitioners in Cr. M.P. No. 752 of 2005) and against Manisha Jaiswal (petitioner in Cr. M.P. No. 674 of 2005). The informant Naresh Bhagat lodged an F.I.R. with the Khunti Police alleging that Birendra Kumar Jaiswal had got transferred 511/2 decimals of land comprising Plot Nos. 538 and 539 by virtue of two registered sale deeds for a consideration of Rs. Four lakhs, one dated 30.9.2002 executed in the name of Birendra Kumar Jaiswal in respect of 111/2 decimals of land of Plot No. 539 and another executed and registered in the name of his wife Manisha Jaiswal with respect to 40 decimals of land of Plot No. 538. At the time of execution and registration of sale deed no consideration amount was paid. Later on a cheque was issued for Rs. Two lakhs on 13.11.2002, but when the informant went to encash the cheque in the bank Birendra Kumar Jaiswal went there and forcibly snatched away the cheque saying that he will issue another cheque, as there was no amount in the said account. The accused persons thereafter did not turn up and make payment in spite of repeated demand made by the informant. On the said statement the Police registered a case under Sections 420, 405, 386 and 384 of the Indian Penal Code.
(3.) THE case was investigated into and the Police, on conclusion, submitted charge -sheet under Sections 420, 406, 384 and 120B of the Indian Penal Code against three persons namely Birendra Kumar Jaiswal, Sanjay Kumar Jaiswal (petitioners in Cr. M.P. No. 752/2005) and Manisha Jaiswal (petitioner in Cr. M.P. No. 674/ 2005). Learned Judicial Magistrate, 1st Class, Khunti thereafter took cognizance of the offences under Sections 420, 406, 384 and 120B of the Indian Penal Code against all the aforesaid accused persons.;