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