PRABHAT KUMAR SINGH, J.:–The present application has been filed for quashing the order dated 24.02.2020 passed in Rajiv Nagar PS Case No. 222 of 2015 by the learned court of Additional Chief Judicial Magistrate XI, Civil Court, Patna whereby and whereunder learned court below has been pleased to reject the discharge petition filed by the petitioners under Section 239 of the Code of Criminal Procedure.

2. The prosecution case in brief is that informant/complainant Smt. Alka Verma had filed a complaint petition bearing No. 2881(C) of 2015 with a prayer to refer the matter under Section 156(3) of the Code of Criminal Procedure to the Rajiv Nagar Police Station for institution of FIR and accordingly, FIR was lodged against the petitioners. The complainant in her complaint petition alleged that accused persons are the Director and Managing Director of the company M/s Neelkantha Solution Pvt. Ltd. and Others which had entered into a development agreement on 05.10.2012 with the landlord namely, Nirmala Devi for construction of a multistoried apartment.

3. It is further alleged that all the accused persons had assured the complainant that he would construct the flat within three years. It is