- (1.) This criminal misc. petition under section 482 CrPC has been filed by the petitioners against the order dated 06.03.2014 passed by Additional Sessions Judge No.1, Hanumangarh (for short 'the revisional court' hereinafter) in Revision Petition No.72/2012 (189/12), whereby the revision petition filed by the petitioners against the order dated 06.09.2012 passed by the Judicial Magistrate, First Class, Tibbi, District Hanumangarh (for short 'the trial court' hereinafter) has been dismissed. The petitioners have also challenged the order dated 06.09.2012 passed by the trial court, whereby the cognizance has been taken against the petitioners for the offences punishable under sections 420 and 120-B IPC on a protest petition filed by the respondent No.2.
(2.) Brief facts of the case are that the respondent No.2 filed a complaint before the trial court, inter alia, alleging therein that the petitioners have committed the offences of cheating and breach of trust by entering into a criminal conspiracy, in which they have agreed to sell a piece of agricultural land to her while stating that the same is free from all encumbrances and there is no dispute in respect of the said land. It is alleged that the petitioner No.1 has also refused to get the sale deed registered in respect of the agricultural land as per the agreement despite receiving money from her. The complaint filed by the respondent No.2 was forwarded to the police for investigation, whereby the Police Station, Tibbi has registered an FIR No.166/2011 on 23.05.2011 for the offences punishable under sections 420, 406 and 120-B IPC, however, the police, after investigation, has filed a negative final report, while holding that the allegations levelled in the complaint lodged by the respondent No.2 are false and there is no evidence of commission of any offence by the accused-petitioners.
(3.) Being aggrieved with the final report, the respondent No.2 had filed a protest petition and got the statements of the witnesses recorded under section 200 and 202 CrPC in support of the protest petition.;