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1997 Supreme(Pat) 146

M.Y.EQBAL
Prithvi Raj Sinha – Appellant
Versus
State Of Bihar – Respondent


Judgment

M.Y.Eqbal, J.

1. In the instant application, filed under Sec. 482 of the Code of Criminal Procedure, the petitioner has prayed for quashing of the entire prosecution and the order dated 26th May, 1994 passed by the Judicial Magistrate, 1st class, Patna taking cognizance of the offences under Secs. 420, 406, 465 and 468 of the Indian Penal Code in complaint Case No. 954 (Q/1993.

2. The facts of the case lies in a very narrow compass:

The complainant O.P. No. 2 filed a complaint alleging inter alia that he along with other persons, went to village Saguna Nayatola in search of land, sometime in the month of February/March, 1992 where he came in contact with the accused persons, Including the petitioner, the petitioner was eager to dispose of his land of plot No. 1981 and 1893 under Khata No. 306 and the complainant finally entered into an agreement with the accused persons by executing a deed of agreement to sale on 27.10.1992. Pursuant to the said agreement, a sum of Rs. 10, 000 was also given to them as advance money by cheque No. 159632, dated 26.10.1992 and subsequently a sum of Rs. 90, 000.00 was also given to them by three cheques drawn from the Central Bank of India in























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