D.N.Upadhyay,J. - (1.) Heard the parties.
(2.) This Cr.M.P. has been filed for quashing the Order dated 07.04.2012 by which cognisance for the offence under Sections 420, 406 and 34 of the Indian Penal Code has been taken against the petitioners in connection with G.R. Case No. 1106/2011 (Dhanbad P.S. Case No. 282/2011) and the entire criminal prosecution arising out of said case.
(3.) The facts in brief is that the informant has lodged a written report alleging therein that he has purchased property details indicated in the F.I.R. for Rs. 18 Lac. and it was agreed by and between the parties that said sum of Rs.18 Lac. shall be paid in 132 instalments @Rs.12,500/- per month. It is also disclosed that a sum of Rs. 1,50,000/- has been paid in advance. On 24.11.2010, the petitioner no. 1 had been to the house of informant - opposite party no. 2 and requested him to sign certain papers for obtaining stamp paper for the purpose of registry. Considering the request, informant had signed the stamp paper of Rs.100 and 25 blank sheets of paper. It is alleged that petitioners have fraudulently converted those papers into an agreement which suggests that the informant is a licensee under the petitioners. It is also disclosed that petitioners had acquired property in dispute after the parties had decided to run business in the name and style of Swastik Cement Company. Since no Sale Deed was executed nor the amount received by the accused persons was refunded, the informant felt cheated and lodged this case.;