D.K.SINHA, J. - (1.) THE petitioners have preferred this petition under Sec. 482 of the Code of Criminal Procedure for quashment of the order impugned dated 19.6.2006 passed by the learned S.D.J.M. Deoghar in PCR Case No. 727 of 2005(T.R. No. 1344 of 2006) whereby and whereunder the cognizance has been taken against the petitioners under Sec. 420/120B of the Indian Penal Code.
(2.) THE prosecution story in brief is that the petitioners, Sanjay Nand Jha and Nirmal Kumar Mishra with meeting of their minds represented before the Opposite parties No. 2 to 7 that one Shyam Nandan Shashtri, being the Secretary of Gurukul Mahavidyalaya and an authorized person on behalf of the Managing Committee of Gurukul Mahavidyalaya, had executed a general power of attorney in their favour to pursue for sale of the land appertaining to plot Nos. 17 and 18 corresponding to town plan plot Nos. 420 and 421 of Mouza Dhawani measuring 4 acres 7 decimals of land forming part of J.S. No. 2/3432 being the Basour land transferable in nature, situated at Deoghar - Jesidih Road and the same is popularly known as Brahmacharya Ashram land. The petitioners further represented that under the general power of attorney, both were empowered to make transfer of the said lands to the prospective purchasers for lawful consideration. Believing the contention of the petitioners, in good Faith, on their representation, Opposite party Nos. 2 to 7 entered into an agreement for sale with the petitioners under the terms that the entire consideration amount would be deposited in the account of Gurukul Mahavidyalaya. On such representation and assurance of the petitioners, the Opposite Party Nos. 2 to 7 obtained nine demand drafts, as contained in the Schedule of the complaint petition, from the a of Rajeev Kumar Singh and made over all the drafts to the petitioners against which the petitioners entered into a written agreement for sale dated 16.6.2004 with the complainant in respect of half of the land as mentioned herein above. The petitioners acknowledged the receipt of the nine bank drafts worth Rs. 14,00,242/ - and case of Rs. 16,99,758/ - only being the consideration as advance for the sale of the aforesaid land. The petitioners had agreed to execute transfer of the aforesaid land by registered sale deeds on receipt of the balance consideration money from the members of the Opposite parties.
(3.) IT is stated in the Complaint petition that when the members of the opposite party with a view to get the draft of the sale deed prepared from their lawyer made an enquiry about the land, it was gathered from the lawyer that the land was disputed and a suit was pending in the court of Sub - Judge, Deoghar being the Title (D) suit No. 94 of 2004. The matter was brought to the notice of the petitioners in respect of the hinds being disputed. The petitioners persuaded that litigation was at the final stage and only after disposal of the suit the transfer of the land would be executed, but after considerable time, when the petitioners did not take any initiative for the transfer, a legal notice was served on them on 13.8.2005. Inspite of that, the petitioners did not return the said sum of Rs. 31,00,000.00 to the members of opposite party. Upon being convinced that the petitioners after making criminal conspiracy with other accused persons have cheated Rs. 31,00,000.00 from the opposite parties, a complaint was lodged against them for the offence under Sec. 420/120B IPC.;