Rakesh Ranjan Prasad, J. - (1.) HEARD learned counsel appearing for the petitioner and learned counsel appearing for the opposite party No. 2. This petition has been filed for quashing of the entire criminal proceeding of Katras [East Basuria], P.S. No. 101 of 2012 [G.R. No. 1719 of 2012] including the order dated 07.11.2012, whereby and whereunder cognizance of the offences punishable under Sections 420, 467 and 468 of the Indian Penal Code has been taken against the petitioner.
(2.) BEFORE adverting to the submissions advanced on behalf of the parties, the case of the complainant needs to be taken notice of. It is the case of the complainant that the complainant entered into an agreement with the petitioner on 30.10.2009 for purchasing a piece of land measuring 55 decimals for a consideration amount of Rs. 7,000/ - Per decimal. At that time part of consideration amount to the extent of Rs. 1,20,000/ - was paid. As per the agreement the total amount was to be paid within 11 months and the petitioner was to execute the sale deed in favour of the complainant. The petitioner did not execute the sale within the time stipulated through according to the case of the complainant, the complainant approached the petitioner at several occasions and even paid the amount in part but the sale deed was not executed. When the complainant insisted upon the petitioner to execute the sale -deed then it was disclosed by the petitioner that some land dispute is going on.
(3.) ON such allegation, the complaint being C.P. Case No. 598 of 2012 was registered which was sent before the concerned Police Station under Section 156(3) Cr.P.C. for investigation. Upon completion of the investigation when the charge -sheet was submitted, cognizance of the offence punishable under Sections 420, 467, 468, 468 of the Indian Penal Code was taken vide order dated 07.11.2012 in Katras [East Basuria] P.S. Case No. 101 of 2012 [G.R. No. 1719 of 2012] which is under -challenge.;