R. R. PRASAD :

By Court : This application has been filed for quashing the order dated 20.2.2001 passed by the then Chief Judicial Magistrate, Ranchi in Complaint Case no.597 of 2000 whereby and whereunder cognizance of the offences punishable under Sections 420 and 406 of the Indian Penal Code has been taken against the petitioner.

The case of the complainant is that while the complainant was searching a suitable flat/building for purchasing it, he came in contact with the petitioner who told that he along with his mother, brother and sister are jointly constructing multi storied building which would be named as 'Abhilasa Complex' and that booking is going on for sale of the flats. The flat measuring 990 sq.ft. and 960 sq.ft. would be sold for a consideration amount of Rs.4,70,250/-and Rs.4,56,000/-respectively. Thereupon the complainant, his brother and one Ranjan Das Gupta agreed to purchase flats by making initial payment of Rs.25,000/-. Out of it, a sum of Rs.10,000/-was paid by way of cheque and the rest of the amount of Rs.15,000/-was subsequently paid by the complainant and his brother in cash. On making such payment, the complainant and his brother asked the petiti