In this case petitioners are challenging the order dated 23rd February 2012 passed by Sri Rajendra Kumar Singh, J.M. 1st Cass, Danapur in Complaint Case No. 1104(C) of 2011 whereby cognizance has been taken u/s 417 IPC.

2. It appears that the petitioners and O.P.No.2 entered into an agreement for sale of 4 katha of land, appertaining to Tauzi No.19C, Khata No. 454, survey plot no. 298, Jamabandi No. 456Ka, in pursuance thereof Rs.3,00,000/- was paid which is mentioned in the agreement itself with a condition that the O.P.No.2 will pay the entire amount within three months, seven days that comes to 20th June 2011. O.P.No.2 thereafter did not pay the rest amount as per the agreement refused to register the land which led to present dispute.

3. O.P.No.2 filed Title Suit No.332 of 2011 wherein number of reliefs have been sought and out of them only two reliefs to be taken into consideration are relevant for the purpose of this case, relief no.1 is for specific performance of contract and the second relief in alternative, if the Court is unable to grant aforesaid relief direct to return the amount of Rs.3,00,000/- with interest.

4. After four days, the present complaint case ha