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Judgment
B.K. Rathi, J.—Request has been made to quash the proceedings of Complaint Case No. 857 of 1998 pending in the Court of Judicial Magistrate-III, Jaunpur.
I have heard Sri D. K. Tripathi, learned Counsel for the applicants, Sri Nripendra Mishra, learned Counsel for opposite party No. 2 and the learned A.G.A.
The complaint was filed by opposite party No. 2 against the applicants. It is admitted that the land of Ram Shiromani, uncle of opposite party No. 2 was purchased by the applicants for Rs. 1,50,000 by sale deed dated 5.9.1997. Out of the sale consideration, only Rs. 2,000 were paid at the time of the execution of the sale deed and Rs. 1,48,000 was agreed to be paid by 30.11.1997. The contention of the complainant is that this amount has not been paid inspite of promises and Ram Shiromani has been cheated by the applicants ; that notice was also given but the money was not paid.
The applicants have been summoned in this case to stand trial for offences under Sections 417, 418 and 120B, Indian Penal Code
The only argument advanced is that the liability to pay the money is a civil liability and no offence is made out.
I agree with the contention. The opposite party No. 2 may file suit for recovery of money. Even after assuming the allegations made in the complaint to be correct no criminal offence is made out.
Accordingly, the petition is allowed and the proceedings of Complaint Case No. 857 of 1998 are quashed.
The petition is disposed of.