R.R. Prasad, J. - (1.) Heard learned counsel appearing for the petitioners and learned counsel appearing for the opposite party no. 2.
(2.) This application has been filed for quashing of the order dated 4.3.2008 passed by the then Judicial Magistrate, 1st class, Jamshedpur in Complaint Case No. 1016 of 2007 whereby and whereunder cognizance of the offence punishable under Sections 420 and 120B of the Indian Penal Code has been taken against the petitioners.
(3.) It is the case of the complainant that the complainant entered into an agreement with the accused no.4, an authorized agent of Sardar Bahadur Sir Inder Singh Trust to purchase a piece of land belonging to the trust for a consideration of Rs. 95,50,000/-. Accused no. 4, on receiving part payment of Rs. 80,000/- executed a deed for agreement of sale and made a promise that sale deed would be executed subsequently. Apart from him, these two petitioners who happen to be the trustees of the said trust also promised that possession of the land would be given to him and that the sale deed would be executed. But neither the possession was given nor sale deed was executed. Meanwhile, dispute arose in between the accused no.4 and the petitioners and hence, the accused no.4 filed a Title Suit No. 87 of 2005 which ended in a compromise. In spite of that sale deed was not executed and therefore, the complainant had to lodged a Money Suit No. 1 of 2007 against the petitioners and others. It appears that the complainant on being paid a sum of Rs. 8 lac by the accused no. 4 withdrew the case as against accused no. 4. However, a complaint was lodged which was registered as Complaint Case No. 1016 of 2007 in which cognizance of the offence was taken under Sections 420 and 120B of the Indian Penal Code, vide order dated 4.3.2008 which is under challenge.;