CRIMINAL MISCELLANEOUS No.16316 OF 1998 -------- In the matter of an application under Section 482 of the Code of Criminal Procedure. -------- Chandeshwari Prasad Yadav alias Chandeshwar Yadav son of Sri Tuney Yadav, resident of village Bhirakhi Dachhin Patti, P.S. Madhepura, District Madhepura .... Petitioner VERSUS 1. The State of Bihar 2. Lal Bahadur Yadav son of Sri Baleshwar Prasad Yadav, resident of village Bhirakhi Dachhin Patti, P.S. Madhepura, District Madhepura .... Opposite Parties -------- For the Petitioner : M/s Tej Narayan Singh and Satyendra Pd. Singh, Advocates For the State : Mr Dashrath Mehta, APP -------- P R E S E N T THE HON'BLE MR. JUSTICE SHIVA KIRTI SINGH -------- Shiva Kirti Singh, J. Heard learned counsel for the petitioner and learned counsel for the State. In spite of notice, nobody has appeared on behalf of the opposite party no.2, the informant/ complainant. 2. It has been submitted on behalf of the petitioner that the allegations made in the petition of complaint, which was the basis of subsequent FIR, do not make out any criminal case of cheating, forgery etc. as alleged. 3. On a careful perusal of the complaint petition, it is found that serious allegation of cheating has been levelled to the 2 effect that only Rs.24,000/- was decided and paid as consideration money for sale of 9 decimals of valuable land of the complainant and the sale was effected through three sale deeds which the complainant saw and found that the area was only 9 decimals whereas subsequently the area was increased by adding figures before the original figures of area so as to claim a total of 1 acre 89 decimals of land for a consideration of only Rs.24,000/-. 3. At this stage, it is not possible to hold that the allegations are false and do not constitute any criminal case. Hence, we find no merits in this quashing application. It is dismissed. 4. This order shall not prejudice the case or defence of the petitioner and he may pray for appropriate relief before the court below in accordance with law. (Shiva Kirti Singh, J.) Patna High Court The 12th March, 2010 NAFR / S.Kumar