- (1.) HEARD learned counsel appearing for the petitioners.
(2.) THIS application has been filed for quashing of the entire criminal proceeding of Complaint case no.546 of 2011 including the order dated 24.1.2012 passed by the Additional Chief Judicial Magistrate, Koderma whereby and whereunder the court after taking cognizance of the offence under Section 406 of the Indian Penal Code has issued summon against the petitioners. It is the case of the complainant that the petitioners no.1 and 2 entered into an agreement with the opposite party no.2 for selling a piece of land for a consideration amount of Rs.3,51,000/ -. Out of that, a sum of Rs.3,00,000/ - was paid by the opposite party no.2 to the petitioners no.1 and 2 by way of an advance and rest amount of Rs.51,000/ - was to be paid at the time of execution of the sale deed.
(3.) FURTHER case is that in spite of receiving the said amount of Rs.3,00,000/ -, petitioners no.1 and 2 did not execute sale deed in favour of opposite party no.2 and thereby the petitioners no.1 and 2 have committed offence under Section 406 of the Indian Penal Code.;