ASHWANI KUMAR SINGH, J.

1. Heard Mr. Chitranjan Sinha, learned Senior Advocate for the petitioners and Mr. Sanjay Kumar, learned Advocate for the opposite party no. 2.

2. The present application under Section 482 of the Code of Criminal Procedure (for short Cr.P.C.) has been filed for quashing of the entire criminal proceedings arising out of Complaint Case No. C-560 of 2012 including the order dated 21.11.2012 passed by the learned Judicial Magistrate 1st Class, Hilsa whereby the petitioners have been summoned to face trial for the offences punishable under Sections 420 and 120-B of the Indian Penal Code.

3. The complainant-opposite party no. 2 filed the present complaint alleging therein that he is the owner of a piece of land bearing Khata No. 32, Khesra No. 182 having an area of 14 decimal in the village Chauki Hurari under Karai Parusarai police station in the district of Nalanda. The said land was gifted to the complainant-opposite party no. 2 by her maternal grandmother by a deed of gift dated 25.11.1953. It is alleged that the accused persons proposed to buy the said land for the purpose of establishing a cement factory of Ultratech Cement Ltd. (for short the company). After negotiation, the consideration amount was fixed at Rs. 268800/- out of which Rs. 26880/- was paid by way of advance at the time agreement. It is alleged that at the time of registration of the sale deed on 24.12.2011 the accused persons assured the complainant to pay the remaining amount through cheque after his acceptance before the Registrar. The opposite party no. 2 after the registration demanded the cheque but the accused persons refused to give the cheque. Thereafter, the opposite party no. 2 sent a legal notice calling for the payment of the remaining amount which was not replied in proper manner and, finally, the accused persons refused to pay the said amount on 1st July, 2012. The opposite party no. 2 alleged that the accused persons have cheated him by giving him false assurance.

4. The complainant was examined on oath and, besides him, four other witnesses were examined during inquiry conducted under Section 202 of the Cr.P.C. before the court of learned Magistrate. Thereafter, vide order dated 21.11.2012, the learned Magistrate summoned the petitioners finding a prima facie case to be made out under Sections 420 and 120-B of the Indian Penal Code.

5. The aforesaid order dated 21.11.2012 is under challenge in the present application.

6. It is submitted by Mr. Chitranjan Sinha, learned Senior Advocate appearing for the petitioners that M/s Ultratech Cement Ltd. is a company registered under the Indian Companies Act, 1956. The aforesaid company is the biggest cement manufacturer in India. The petitioners are authorized signatories of the company for the purpose of land acquisition. He submitted that for the purpose of setting up a plant of cement grinding, the company identified village Shahjehanpur in the district of Patna and its adjoining village Hurari in the district of Nalanda. The petitioners were authorized by the company to act on its behalf for the purpose of land acquisition in the villages Shahjehanpur and Hurari. After obtaining the necessary permissions from the different departments of the State Government including the Industry Department and the Pollution Control Board, the company began the land acquisition from the farmers. It acquired about 100 acres of land for the said purpose. In the process of acquisition, the opposite party no. 2 approached the petitioners for sale of his land having Khata No. 32, Khesra No. 182 area 14 decimal situated in village Hurari to the company. He claimed title over the said land on the basis of a deed of gift dated 25.11.1953 executed in his favour by one Mahangi Devi stated to be his maternal grandmother. Believing upon his statement, the company entered into an agreement for sale dated 24.12.2011 for purchase of the above mentioned plot. A sum of Rs.26880/- was paid to the opposite