JUDGMENT

Chelameswar, J.

1. Leave granted.

2. Aggrieved by the judgment and order dated 12th September, 2012 in Criminal Misc. Application No.34280 of 2011, the defacto complainant in case No.1743/IX/2009, arising out of Case Crime No.246 of 2009 on the file of the 1st Additional Chief Judicial Magistrate, Mathura, preferred this appeal.

3. The respondents are the accused in the abovementioned case. By the impugned order, the High Court quashed the proceedings in the abovementioned criminal case on the file of the trial Court.

4. It is alleged that there was an agreement between the appellant and the contesting respondents (1 to 3) whereunder the said respondents agreed to sell a plot of land admeasuring 400 sq. yards to the appellant herein for an amount of Rs.44,00,000/-. It is alleged that as per the agreement, the appellant did, in fact, make some payment.

5. On 11.7.2009, the appellant complained to the police that the father of the contesting respondents herein had called the appellant herein on telephone and asked the appellant to make the payment of the balance amount to the first respondent herein. Accordingly, the first respondent approached the appellant. Both of them went to