- (1.) B. K. Rathi, J. Request has been made to quash the proceedings of Complaint Case No. 857 of 1998 pending in the Court of Judicial Magistrate-III, Jaunpur.
(2.) I have heard Sri D. K. Tripathi, learned Counsel for the applicants, Sri Nripendra Mishra, learned Counsel for opposite party No. 2 and the learned A. G. A. The complaint was filed by Opposite Party No. 2 against the applicants. It is admitted that the land of Ram Shiromani, uncle of Opposite Party No. 2 was purchased by the applicants for Rs. 1,50,000 by sale- deed dated 5-9-1997. Out of the sale consideration, only Rs. 2,000 were paid at the time of the execution of the sale-deed and Rs. 1,48,000 was agreed to be paid by 30-11-1997. The contention of the complainant is that this amount has not been paid in spite of promises and Ram Shiromani has been cheated by the applicants; that notice was also given but the money was not paid. The applicants have been summoned in this case to stand trial for offences under Sections 417, 418 and 120-B I. P. C.
(3.) THE only argument advanced is that the liability to pay the money is a civil liability and no offence is made out. I agree with the contention. The opposite party No. 2 may file suit for recovery of money. Even after assuming the allegations made in the complaint to be correct no criminal offence is made out.;