Naheed Ara Moonis, J. - (1.) Heard learned counsel for the applicant as well as Sri Vijay Kumar Dwivedi, learned counsel appearing on behalf of the opposite party no.2 and the learned AGA for the State and perused the record.
(2.) The instant application has been filed by the applicant with a prayer to quash the proceeding pursuant to the summoning order dated 1.3.2016 as well as bailable warrant dated 26.7.2016 passed by the learned Judicial Magistrate, Khair, District Aligarh in Complaint Case No.822 of 2015, Anil Yadav Vs. Kadeer Khan and another, under Sections 406,120-B IPC, P.S. Khair, District Aligarh.
(3.) The factual matrix of the case in short conspectus is that the opposite party no.2 filed a complaint on 21.12.2015 against the applicant, Alok Raghuvansi and co-accused, Kadeer Khan (non-applicant) contending therein that the complainant had executed an agreement to sale of agricultural land by means of six agreement to sale including the applicant on 11.4.2011. The agreement was executed in the presence of Kadeer Khan and it was stipulated that the sale-deed will be executed within two months by 10.6.2011. On 3.10.2015 the applicant and Kadeer Khan signed the cancellation of agreement deed which was prepared while getting the agreement deed cancelled the applicant and Kadeer Khan taken Rs.25 lacs from the complainant which was given by the complainant in the presence of various persons and had assured that the money shall be distributed amongst other holders. A receipt signed by Kadeer Khan was also handed over to the complainant. When the complainant reminded both the accused persons, namely, Alok Raghuvanshi (applicant) and Kadeer Khan to cancel the agreement deed he came to know that the money given to them was not distributed amongst other agreement holders and both of them have misappropriated Rs.25 lacs. On account of fraud committed by the applicant and Kadeer Khan a written information was given by the complainant to the Senior Superintendent of Police on 15.12.2015 and when no action was taken he filed a complaint on 21.12.2015 for initiating proceeding against the applicant and co-accused Kadeer Khan as they have cheated the complainant and misappropriated the amount which prima facie constitute offence under Sections 406, 120-B IPC .;