JUDGMENT

1. The Petitioner and Respondents 1 and 2 are brothers. Respondents 1 and 2 filed complaint under Sections 420, 467, 468, 471, 120B of the Indian Penal Code ("the IPC") in the Court of Additional Chief Judicial Magistrate, Patiala ("the Addl. C.J.M.") being Complaint No. 55 dated 14/6/2008 against the Petitioner and Respondent 3. In the complaint, the complainants alleged that an agreement of exchange of land was entered into between the complainants and the Petitioner wherein land measuring 12 kanals, 3 marlas i.e. 243/852 share out of land measuring 42 kanals 12 marlas belonging to the complainants was transferred to the Petitioner and in lieu of this, land belonging to the Petitioner measuring 12 kanals 3 marlas i.e. 243/730 share out of total land measuring 36 kanals 10 marlas was transferred to the complainants. On execution of the said agreement, the possession of the land was also exchanged on 22/3/2005. Accordingly and as per the exchange agreement, Respondent 3 recorded the exchange mutation in the revenue record vide Rapat No. 616 dated 30/4/2005 and Exchange Mutation No. 14599 was sanctioned by the Tehsildar, Patiala. According to the complainants, Respondent 3 a