HBH COURT OF sHHATTI$GARH AT BILASPUR CL£§PNQ4§S 9f 20a? Preseetr- MnAdii Min'naj, counsei for the appiicants. MrlAkhi! Miehra; Deputy Gavemment Advocate for non-‘anniicaat N01 . ha mrsmdira Tiripmhi, ‘ -L counse: for non-appiicants No.2 and 3 ORAL QRDER' {Paesed en 29‘“ Nevem5e:, 2939} 1., The applicants have fiied thie petition fer queehment of the Qrder taking cognizenee dated 1332097 peesed by the Chief Judicial Magietratei Bilaepur, m Criminal Gaee Nea2328i'2007 whereby the Chief Judicial Magistrate .ae taken cognizance fer the offence puniehabie under Section 420 ofthe lndian Penal Code ageinstthemt Quaehment is prayed on the ground that the allegatien made by tespendente Ul N02 and 3 ate false on the face of reoord and no allegation hae been against apolisant No.2. 3 l have heard learned oounseitor the partiee end perused the petition and copy of documente filed on behalf of the applicants. 4. Learned cotineel for the aoplicants submits that awarding to copy of documents and copy of complaint. appiicant No.1 hae entered into the agreement to eaie the land with reooondents No.2 and 3 but she has not executed the aale deed. Certain oorrespondencee were made between the Applicant5 3‘ Emtféwha $ahai. W10 Shri UIN,Sahaii ; =¥£s§éd*abca€ 52 years. 2K UNISahaL S/cs Late Shri Ram Kri$hna Sahai, Aged abcut 58 years. {Bath Rio Near Jhanka! TalkEe$, Jagda§‘-ur, Si“tt.Bastar (CE) Versus Non-amalicantg State of Chhattisgarh through P‘S, Civil Unas, Eiiaspua’ (CG) Dinesh Gama S/o Shri Shiv Kumar Qupta, Aged aboiit éO year5, RIG Sadar Baizar‘: Tahsii & DisttBilaspur (C.G.) ' Karamvger Sinqh: Sfo Shri Ramgulam Séngh, Aged abeut 42 .ears, Rio Lii‘nk Road, Tahsii & DisttBiiaspur (CG) (Petition under $ection 482 of the CIRC.) (SE: Hon’bie Mr, TR Shetma; J3) @ *2F parties, and fana§iy cemp.aint was filed before the Chief Judicial Magistrate‘ Bila$purj After examining the compiainant and. it$ witnes$e$, ieamed Chief Judiciai Magistrate registered the complaint against the applicante and teak. cognizance for the offence punishebie under Seetion 42C) of the indian Penai Code Learned ceunse! further submite that aecarciing to ease of reepondents N012 and 3 appiicant N01 is the pereon who has entered into the agreement fer executien of eeie deed: Aygiieant N092 ie net reeponeible far any act of appiieant Norii therefore continuance of criminal preceedinge against a'nplicant N02 weuld amount to abuse of proceea 0f the Court, Learned eonnee! aieo eubmits that that appiicant N071 has entered inte the agreement with respendente N02 and 3, Certain correspendences were made in which 57 Qn the her hand, learned aeuneei for reepondenis N02 and 3. ongoeee the petition and submits that the appiicante have committed the offenee of” cheating and the Court below after examining the complainant has taken cogniaanee against them, At this stage, the Court below is required to see material adduced on behalf of the oompiainant in its face value 6 From perusal of oopy of complaint and copy of statements, it appears that apolioant No1 has entered into the agreement with respondents No.2 and 3 and oooy of doouments and eopy of statements reveal prima iaoie case for order taking cogni.anoe for the offenoe punishable under Section 420 of the indian Penai C:ode against apoiioant No1, but no prime faoie ease for order taking oognizanoe for the offenoe punishable tinder Section 42C? of the lndian Penal Code is made out against applicant No.2 liNSahai and continuance of criminai proceedings against appiioant N072 would amount to abuse of process of the Court: 7 i Consequentiy, the petition is partly aiiomred. Qrder impugned is partiy set aside Order taking cognizance for the offence punishable under Section 42C) of the indian Penal Code against applicant No2 UiNlSahai is hereby set aside,