IMPORTANT POINT
Bar of Section 362 of Cr.P.C. is not applicable on two distinct reliefs sought in a quashing petition.

JUDGMENT :

Abhay S. Oka, J.

1. Leave granted.

FACTUAL ASPECTS

2. In substance, the appellants' prayer in this appeal is to quash the criminal proceedings of a complaint filed by the second respondent, Ganesh Kumar Agiwal. The present appellants are the trustees of Sardar Bahadur Sir Inder Singh (Personal Estate) Trust (for short, “the Trust”). The present appellants and one Gurdev Singh, as the trustees of the said Trust, entered into two separate agreements for sale dated 29th January 2001 (for short “the agreements”) in favour of the second respondent and one Uma Shankar Agiwal. In the agreements, the second respondent and Uma Shankar were described as the partners of Sri Mahakaleshwar Enterprises (for short, “the firm”). They entered into the agreements on behalf of the firm. Uma Shankar is the real brother of the second respondent.

3. The second respondent and his brother Uma Shankar filed a suit for specific performance of the agreements against the appellants in the year 2005. On 8th May 2007, Uma Shankar filed an application in the pending suit stating that the entire advance of Rs.28,01,000/-paid by him and the second respondent has been received back from the appellants by way of a Demand Draft, and in addition, the second respondent and Uma Shankar received a sum of Rs.5,00,000/-by a pay order. Therefore, Uma Shankar prayed for permission to withdraw the suit.

4. On 28th June 2007, the second respondent filed a complaint bearing C/1 Case No.1027 of 2007 under Section 200 of the Code of Criminal Procedure, 1973 (for short, ‘the Cr. PC’) against the appellants and others before the Chief Judicial Magistrate, Jamshedpur, alleging the commission of offences punishable under Sections 420, 406, 424 and 120-B of the Indian Penal Code, 1860 (for short, ‘the IPC’). The foundation of the complaint was the sale transaction of property in the form of the agreements. In the complaint, Uma Shankar was shown as the first accused, and the present appellants were shown as the second and third accused. In the complaint, the second respondent referred to the application dated 8th May 2007 for withdrawing the suit filed by Uma Shankar. He alleged that this was done without his knowledge by Uma Shankar in connivance with the appellant. He alleged that he had paid the entire advance to the appellants. The allegation is that the appellants failed to execute the sale deeds notwithstanding the agreements. Cognizance was taken by a criminal Court based on the above complaint on 19th July 2007. It must be noted here that the second respondent filed, more or less, a similar complaint under Section 200 of the Cr.PC against the appellants on 31st July 2007. The second respondent's subsequent complaint bearing Case No.1248 of 2007 was dismissed by the learned Judicial Magistrate by the order dated 14th September 2009, in the exercise of power under Section 203 of the Cr.PC by holding that no case was made out against the appellants.

5. Uma Shankar was transposed as a defendant in the suit for specific performance, who filed a written statement contending that the entire consideration paid to the appellants with compensation for delayed payment has been returned. On 11th November 2008, the second respondent filed an application in the pending suit, contending that there was a settlement between the parties and that the second respondent has no right, title or interest in the suit properties. Therefore, he prayed for a grant of permission to withdraw the suit. By the order dated 27th November 2008, the learned Trial Judge dismissed the suit for specific performance as withdrawn.

6. In the first complaint bearing Case No.1027 of 2007, the appellants applied under Section 245 of the Cr.PC for discharge on the grounds of compromise. The application for discharge was rejected by the learned Judicial Magistrate, First Class, Jamshedpur, by the order dated 28th August 2012. The appellants preferred a criminal revision application against the order before t