JUDGMENT

Dr. Arijit Pasayat, J.—Challenge in this appeal is to the judgment of a learned Single Judge of the Bombay High Court dismissing the petition filed under Section 482 of the Code of Criminal Procedure, 1973 (in short the ‘Code’). A prayer was made to quash the order of learned JMFC, Kalyan dated 2.12.1996 and the proceedings i.e. Criminal Case No. 248 of 1991.

2. The criminal case No. 248 of 1991 was initiated by the Respondent No.1-Neelkanth Mahadeo Kamble alleging commission of offences punishable under Sections 418, 409, 166 read with 114 of the Indian Penal Code, 1860 (in short the ‘IPC’). The complainant-respondent No.1 filed the complaint in his capacity of Chief Managing Trustee of Somvashi Arya Samaj Trust, the Trust registered under the Bombay Public Trust Act. As per the facts given in the complaint, the Trust owned and possessed certain land within the limits of Kalyan Municipal Corporation. The accused approached the trust with the proposal of development of the aforesaid land. As a consequence, an agreement came to be executed between the Trust and the accused Nos.1 and 2 on 7.7.1985. Under this agreement, accused Nos.1 and 2 agreed to construct at their own co