JUDGMENT

PRADIP MOHANTY, J. : In the instant criminal revision, the petitioner challenges the order dated 20th January, 2007 passed the J.M.F.C., Rajgangpur in I.C.C. No.19 of 2006 framing charge under Section 448 IPC against him.

2. The case of the complainant-opposite party No.1 is that the petitioner is the tenant of a shop room, which had fallen to his share. An agreement was executed on 21.04.2003 on the basis whereof vacant possession of the shop room was handed over to the petitioner for a period of three years subject to the terms and conditions contained therein. It has been further alleged that the complainant asked the petitioner to handover the vacant possession by a lawyer’s notice dated 03.03.2006 to which the petitioner submitted a reply through his lawyer making it clear that he did not want to handover the vacant possession to the complainant. The complainant then sent a legal notice through his advocate on 19.06.2006 terminating the tenancy with effect from 01.07.2006. The notice was duly received by the petitioner on 22.06.2006. Since in spite of such notice, the petitioner did not handover the possession on 01.07.2006, the complaint petition was filed. The learn