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2012 Supreme(Jhk) 392

R.R.PRASAD
Kishore Kumar – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioners: M/s Sanjay Prasad, Kamdeo Pandey.
For the State: A.P.P.
For the Opp. Party No.2: Mr. P.C. Sinha.

Order

This application is directed against the order dated 27.11.2010 passed by the learned Sessions Judge-cum-F.T.C.-II, Giridih in Cr. Rev. NO.142 of 2006 whereby and whereunder learned Judge having set aside the order dated 1.8.2006 passed in Complaint Case No. 354 of 2006 took cognizance of the offences punishable under Sections 420 and 406 of the Indian Penal Code against the petitioners.

2. Before adverting to the submissions advanced on behalf of the parties, case of the complainant is to be taken notice of.

3. The father of the complainant was tenant on a portion of a house having holding no. 539 (part) situated at ward no. 1, Giridih Municipality. The petitioners being the owner of the house conveyed to the complainant-opposite party no. 2 that they are intending to sell the house for a consideration of Rs. 14,11 ,000/-. The complainant agreed to purchase it and hence, a sum of Rs. 2,00,000/- was paid as an advance. Thereupon, an agreement of sale was executed which got registered on 6.9.2005. On 18.10.2005 further sum of Rs. 6,00,000/- was paid through Bank draft.

Thereupon it was conveyed to the complainant that they will be vacating the house in question and will be giving




























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