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2012 Supreme(Jhk) 775

JAYA ROY
Tapas Sarkar – Appellant
Versus
State of Jharkhand – Respondent


Advocates appeared:
For the Petitioner(s):Mr. Indrajit Sinha, Advocate
For the Opp. Party No.2 :Mr. Mahesh Tiwary, Advocate
For the State : A.P.P.

Judgment

Jaya Roy, J. Heard the learned counsel for the petitioner and the learned counsel for the State.

2. The petitioner is an accused in a case registered under Sections 323/426/420/406/467/452/468/387/379/419 and 120B of the I.P.C.

3. The prosecution case in brief as appears from the complaint petition that the complainant is the proprietor of M/s Mittal Promoters and Developers, a construction company having its office at Shastri Nagar, Block No.4, Kadma, Jamshedpur. On 1.12.2010 at about 11.30 A.M., two persons entered into the chamber of the complainant and introduced himself as Sonu and other persons as Tapas Sarkar (the petitioner). The aforesaid persons produced some documents relating to a land belonging to a Tapas Sarkar and offered to sell the land as Tapas Sarkar was a need of money. On 11.12.10 they again came to complainant for the same purpose and accordingly the complainant became ready to purchase the same on price of Rs.50 lakhs. On 12.12.10 an agreement for sale was entered into between complainant and Tapas Sarkar when the complainant handed over an account payee cheque of Rs.11,000/-to Tapas Sarkar in presence Sonu as advance. The original agreement was retai








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