Arun Kumar, J.

The petitioners seek quashing of the impugned order dated 16.08.2011 passed by learned Judicial Magistrate, First Class, Patna in Complaint Case. No. 923 (c) of 2011 thereby taking cognizance of the offence under Sections 406 and 420/34 of the IPC.

2. The fact of the complaint in brief compass is that the petitioner no. 1, Aman Chaudhary approached the complainant, a boundary raiyat, for selling a piece of land purchased by his mother from a cooperative society situated adjacent plot to the complainant and total consideration money was fixed Rs. 8,25,000/- and on 10.11.2008 an agreement for sale was also executed by Aman Chaudhary, petitioner no.1 on behalf of his parents and Rs. 8,25,000/- consideration money was paid at different dates to the petitioner no.1 and some part money by Bank Draft which was credited into the account of the Mother of petitioner no. 1, but neither the sale deed was executed nor the money was returned back.

3. Learned counsel for the petitioners submits that as per the agreement only part payment was made, but entire consideration money was not paid within time so the sale deed was not executed. Moreover, the petitioner no. 1 never k