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 petition is being filed for quashing the order dated 17.11.2012 passed by Sri Asutosh Khetan, the Learned Judicial Magistrate 1st Class, Patna Sadar in complaint case No. 1084 (c)/12 by which he has taken cognizance against the petitioner for the offence under section 406 I.P.C.”

3. The allegation against the petitioner in the complaint case filed by the opposite party no. 2 is that despite having agreed to sell the house/land belonging to the petitioner for Rs. 25,00,000/-and on receipt of Rs. 23,50,000/-, neither sale deed was executed, despite the opposite party no. 2 being ready to pay the remaining amount of Rs. 1,50,000/-, nor the money was returned. It was further alleged that when the opposite party no. 2 went to ask for return of the money, he was abused and the petitioner became ready to assault also.

4. Learned counsel for the petitioner submitted that from the entire complaint case, no criminal offence is made out