- (1.) This application has been filed for quashing of the entire criminal proceeding of Complaint Case No.1035 of 2010 including the order dated 12.8.2011 whereby and whereunder the Judicial Magistrate, Dhanbad took cognizance of the offences punishable under Sections 418, 323 and 405/34 of the Indian Penal Code against the petitioners.
(2.) The case of the complainant-opposite party no.2 is that the petitioner no.2 along with her husband Rajesh Kumar Chouhan (petitioner no.1) approached the complainant and offered to sell one LPT Truck, bearing registration no.JH-10C-7544 for a valuable consideration of Rs.6,71,000/- by representing that the petitioner no.2 is the owner of the truck. The complainant having accepted the proposal entered into an agreement which was reduced in writing.
(3.) At the time of agreement, a sum of Rs.50,000/- was paid and thereby all the necessary papers relating to vehicle were given to the complainant and the complainant even took possession of the vehicle. Subsequently, a sum of Rs.2,50,000/- was paid to the petitioner, on assurance being given by him that he would transfer the truck in the name of the complainant. Thereafter the complainant spent a sum of Rs.56,000/- for the maintenance of the truck.;