The petitioner is aggrieved of the order dated 05.07.2014 by which the court has taken cognizance of the offence under Section 406/417 IPC and issued summons to the petitioner.

2. Stand taken by the petitioner is that ingredients of the offence punishable under Section 406/417 IPC are not made out; on the allegation of breach of the agreement the petitioner cannot be prosecuted in a criminal case.

3. Briefly stated, C.P. Case No. 2073 of 2013 has been instituted by the complainant- Radha Mohan Mahto alleging that the accused who is a builder on the pretext of constructing a multiplex building in the name of M/s Ashis Kiran Construction approached him whereupon he agreed to purchase a flat, for which an agreement was executed on 15.09.2009. The complainant has asserted that he paid Rs. 8,00,000/- by cash and cheque and subsequently he has paid Rs. 5,30,000/-. However, in solemn affirmation the complainant has spoken further payment of Rs.1,50,000/- only. The enquiry witnesses have also supported the allegation made by the complainant. There is specific allegation that the petitioner on account of rise in the price did not want to sale the flat to the complainant and he has f