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2023 Supreme(Pat) 1066

PRABHAT KUMAR SINGH
Niranjan Kumar Awasthy – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioners: M/s Chhote Lal Mishra, Jyoti Prasad.
For the Opp. Parties : Dr. Mrityunjaya Kr. Gautam.

ORDER

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 406, 420, 467, 468/34 of the Indian Penal Code.

3. As per F.I.R., allegation against these petitioners is that they alongwith other co-accused persons, dishonestly by playing fraud, made a paper of 31 decimal of land, whereas they had only 18 decimal of land in their possession, for which, they received an amount of Rs. 1.5 crore from the informant and thus, cheated him. It is further alleged that when informant demanded his money, the accused persons refused to return the money.

4. It is submitted on behalf of petitioners that the dispute is purely of a civil nature. It is true that both parties entered into an agreement for sale and purchase of land in question, but according to agreement, the opposite party no. 2 failed to pay agreement amount. The opposite party no. 2 issued cheque in favour of one of the co-accused Niranjan Kumar Awasthi, but the said cheque stood dishonoured due to insufficient fund. It is further submitted that in this regard, the informant has filed a title suit against petitioners, vide

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