J.P. Chaturvedi, J. - (1.) THIS is a petition under Section 482 Code of Criminal Procedure, 1973 by Keshava Prasad Gupta alias Babu Lal Gupta and Akhauri Harsh vardhan Sinha for quashing the proceedings pending in the Court of Sri Devendra Pal Singh, Magistrate First Glass, Agra.
(2.) THE facts giving' rise to this application are that O. P. No. 1 Tarkeshwar Ram owned a house No. 430 Brij Kishore Road, Kadam Kuan, Patna. In pursuance of an agreement between the O. P. No. 1 and applicant No. 1 the O. P. Tarkeshwar Ram executed a sale deed in favour of applicant No. 1 Keshava Prasad Gupta in respect of the aforesaid house for Rs. 65,000/ -, out of which Rs. 10,000/ - were paid at the time of the execution of the sale deed in cash and Rs. 20,000/ - by means of a Bank draft. The balance of Rs. 35,000/ -was to be paid by means of a cheque. On 10th March, 1975 Keshava Prasad Gupta, applicant No. 1 gave a cheque to Tarkeshwar Ram for the balance of Rs. 35,000/ -. This cheque was dishonoured on 20th March, 1975. Tarkeih -war Ram thereupon filed a complaint in the Court of Munsif -Magistrate, 1st Glass, Agra on 11th June, 1975 alleging that the accused deceived him and obtained dishonestly all the papers from him and got them deposited with their own Advocate Raj Narain Sinha and they did not return the papers inspite of the consideration having not been paid to him. It is further alleged that on 20th May, 1975 both the accused i.e. Keshava Prasad Gupta and Harshvardhan Sinha met the complainant Tarkeshwar Ram at bus stand Agra and when the complainant made a demand upon them of his dues they abused him and threatened to kill him. In this petition it has been con tended on behalf of the applicants that the applicant No. 1 Keshava Prasad Gupta was prepared to make payment to the O. P. and that he had no intention to defraud or to cheat and that he was still prepared to pay the balance of the amount. Neither he nor the second applicant was present at Agra. They were present at Patna on 20th May, 1975 and were present in the Court of Assistant Sessions Judge, Patna on that date. The entire allegations against them were false.
(3.) THE sale deed was admittedly executed on 23rd September, 1974 and in terms of this document the balance of Rs. 35,000/ - was to be paid subsequently by means of a cheque. There is nothing in the complaint to show that at the time when the sale deed was executed there was any intention on the part of the applicants to deceive or cheat the O.P. The documents were also given to Sri Sinha in pursuance of the terms of the deed. The cheque was issued on 10th March, 1975. There is no allegation in the complaint that there was any intention to deceive although it is alleged that there were no funds in the Bank account of the applicant. The applicants on the other hand have said that they had sufficient money and that they were willing to pay the amount. Thus the allegations in respect of an offence Under Section 420 or 422 IPC are not prima facie made out in the complaint itself. The allegations in respect of the offence alleged to have been committed on 20th May, 1975 are also vague and, therefore, are also not prima facie made out. The O. P. has not filed any counter affidavit to controvert the allegations in the petition.;