IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1143 of 2009 1. VIJAY KUMAR RAI SON OF LATE KISHUN RAI 2. SANJAY KUMAR SON OF VIJAY KUMAR RAI, BOTH RESIDENT OF MOHALLA NASRIGANJ SIKENDARPUR, P.S. DANARPUR, DIST. PATNA ….. PETITIONERS. Versus 1. THE STATE OF BIHAR 2. UPENDRA KUMAR SINGH SON OF RAM BACHAN RAI, RESIDENT OF MOHALLA NASRIGANJ, SIKENDRAPUR, P.S. DANAPUR, DIST. PATNA ….. OPPOSITE PARTIES. ----------- For the Petitioners : Mr. Manoranjan Kumar, Advocate For the Opp. Party No.1 : Mr. C. Jawahar, A.P.P. For Opp. Party No.2 : Mr. Bakshi S.R.P.Sinha, Senior Advocate Mr. Ashok Kumar Sharma, Advocate --------- 3. 26.7.2010 The petitioners seek quashing of the entire proceeding including the order dated 10.11.2008 by which the A.C.J.M., Danapur has taken cognizance for offences u/ss. 406 and 420 I.P.C. in Danapur P.S.case No.228 of 2008 pending in the court of the Judicial Magistrate Ist class, Danapur. The case of the opposite party no.2-complainant is that he had paid a certain amount of money to the petitioner for transaction of sale for a piece of land, but unfortunately despite having been paid the advanced money he did not execute the sale deed as per required. The contention of the complainant was that he had executed two sale deeds, one in favour of the complainant and the other in favour of the complainant’s friend’s wife but he was still required to execute another sale deed with regard to one katha of land, for which he was ready to pay the rest amount. - 2 - The simple argument of the petitioners is that in the circumstances of the case no offence whatsoever would be made out much less u/s. 406 and 420 I.P.C. and at best the complainant could have filed a suit for specific performance. The opposite party no.2 even though disagreeing with this proposition has no reason to do so. For this reason alone, I am inclined to allow this application. In view of such, this application is allowed and the entire proceeding including the order dated 10.11.2008 by which the A.C.J.M., Danapur has taken cognizance for offences u/ss. 406 and 420 I.P.C. in Danapur P.S.case No.228 of 2008 pending in the court of the Judicial Magistrate Ist class, Danapur is quashed. Narendra/ ( Anjana Prakash, J. )