IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26151 of 2008 1. JANARDAN SINGH, SON OF LATE KAILASH SINGH 2. SAJJAN DEVI, WIFE OF JANARDAN SINGH BOTH ARE RESIDENT OF VILLAGE NAYAGAON, P.S. NAYAGAON, DISTT. BEGUSARAI. ------- PETITIONERS. Versus 1. THE STATE OF BIHAR 2. BHUSHAN SINGH, SON OF LATE GARIB NIWAS SINGH, R/O NAYAGAON, P.S. NAYA GAON, DISTT. BEGUSARAI. ------- OPPOSITE PARTIES. ----------- 3. 13.05.2011 Heard the parties. The petitioners have sought quashing of the order dated 1.11.2007 passed by the Chief Judicial Magistrate, Begusarai, in G.R. No. 950 of 2007 by which it has taken cognizance under Section 406 and 420 of the Indian Penal Code. The case of the Complainant is that the petitioners had taken 15,000/- rupees from him and promised to execute a sale deed in his favour but neither have they executed the sale deed nor did they return the money to the Complainant/Informant. This occurrence is said to have taken place in the year 1991 whereas the present complaint was instituted on 13.3.2007 i.e. more than 16 years later. It has been submitted on behalf of the petitioners that in fact, the Complainant/Informant was his tenant and when he was asked to vacate the premises of the petitioner, such a complaint was instituted. The counsel for the Opposite Party No. 2 has 2 appeared and he has disputed that he was a tenant but not so rightly since it is evident from Annexure-2 which is Title Eviction Suit No. 2 of 2007. The fact that such an eviction suit has been filed is also not disputed by the Opposite Party No. 2. Considering the circumstances of the case, the entire proceeding of G.R. No. 950 of 2007 arising out of Nayagaon P.S. Case No. 20 of 2007 along with the order dated 1.11.2007 passed by the Chief Judicial Magistrate, Begusarai, is hereby quashed. The application stands allowed. S.Ali ( Anjana Prakash, J.)