JUDGMENT :

1. Heard learned counsel for the petitioner; learned APP for the State and learned counsel for the opposite party no. 2.

2. The petitioner has moved the Court under Section 482 of the Code of Criminal Procedure, 1973 for the following relief:

“That this is an application on behalf of the Petitioner for quashing order of cognizance dated 29.04.2014 passed in Complaint Case No. 98(C) of 2014 by the learned Sub-Divisional Judicial Magistrate, Khagaria whereby and where under the learned Court found prima facie case u/s 323/420/406/468/120B IPC against the accused persons as well as the entire proceeding arising out of Complaint Case No. 98(C) of 2014 filed by O.P. No. 2 against the petitioner and 2 others pending in the Court of Sub-Divisional Judicial Magistrate, Khagaria.”

3. The allegation against the petitioner in the complaint case filed by the opposite party no. 2 is that even after receiving Rs. 5 lakhs for sale of a piece of land for which there was an agreement, despite the opposite party no. 2 having offered to pay the remaining amount of Rs. 27,12,812/-within the time fixed, the petitioner did not execute the sale deed and rather sold it to some other person.

4. Learn