ORDER

Lokeshwar Singh Panta, J.—Special leave granted.

2. This appeal arises out of the judgment dated 13.1.2005 passed by the High Court of Judicature at Patna in Criminal Misc. No. 11930 of 2004 dismissing the petition filed by the appellants under Section 482 of the Cr.P.C. seeking quashing of the order dated 8.8.2003 of the Judicial Magistrate, Gaya, in Complaint Case No. 298/2003 - T.R. No. 808/2003.

3. Briefly stated the facts of the case are that the Complainant Umesh Kumar Singh - respondent No. 1 herein, filed a complaint against the appellants before the Chief Judicial Magistrate, Gaya, inter alia alleging that Smt. Ram Biraji Devi - appellant No. 1 herein, was allotted MIG Plot No. M-27 situated in Housing Board Colony, Gaya. In July 2002, both the appellants represented to the complainant that they were badly in need of money and wanted to transfer the allotted plot to some person interested to purchase the said plot. The complainant expressed his willingness to purchase the plot. It was alleged that the parties orally agreed that the complainant would pay to the appellants a sum of Rs. 4 lakhs as price of the plot and on payment of the said amount, the appellants would transfer the plot in favour of the complainant.

4. It was also alleged that the complainant paid a sum of Rs. 80,000/- to the appellants as consideration amount of the sale price of the plot on different dates between 15.7.2000 and 15.12.2002. The appellants alleged to have made promises to the complainant that they would execute a written agreement in favour of the complainant on 15.1.2003, but since they failed to execute the agreement on 20.1.2003, the complainant along with three other persons went to the house of the appellants and enquired about the reason for delay in execution of the agreement. The appellants flatly denied acceptance of Rs. 80,000/- and refused to transfer the plot in favour of the complainant. On the basis of the above premise, a criminal complaint dated nil came to be filed in the Court of Chief Judicial Magistrate, Gaya, against the appellants.

5. It appears from the record that Judicial Magistrate, First Class, Gaya, recorded the statements of the complainant and his witnesses on 19.4.2003 and thereupon took cognizance of the offences under Sections 406, 419, 420 and 120-B of Indian Penal Code vide order dated 8.8.2003.

6. Being aggrieved against the order of taking of the cognizance by the Judicial Magistrate the appellants approached the High Court of Patna under Section 482 of the Cr.P.C. praying for quashing of the cognizance taken by the Magistrate. The High Court by the impugned order dated 13.1.2005 dismissed the said petition. Hence, this appeal by way of special leave.

7. We have heard learned counsel for the parties and perused the material on record. The learned counsel for the appellants contended that the Hon’ble High Court has failed to appreciate that on bare perusal of the contents of the complaint, no offence is made out against the appellants and the complaint filed by the complainant is mala fide, false and frivolous against appellant No. 1, who is stated to be about 70 years old lady and is suffering from heart disease, whereas the appellant No. 2 was working in New Delhi at the relevant time and had gone to Bombay to look after his ailing sister, Manu Tripathi, who was suffering from cancer, on the date of occurrence as alleged in the complaint. According to the learned counsel, the dispute involved in the alleged complaint is of civil nature and none of the acts allegedly committed by the appellants gave rise to any criminal liability.

8. Per contra, learned counsel for the respondent-complainant contended that the contents of the complaint would disclose the commission of the cognizable offence and this Court at the preliminary stage would not be justified in embarking upon an enquiry as to the reliability or genuineness of the allegations made in the complaint. He also contended that mere fact that a disp