Ms. Harsha Devani, J.—In both these petitions, the respective petitioners seek quashing of the proceedings of the first information registered vide Kalupur Police Station I-C.R. No. 189/2008, hence the same were heard together and are disposed of by this common judgment.

2. The Respondent No. 2 herein lodged a first information report being Kalupur Police Station I-C.R. No. 189/2008 against the present petitioners alleging commission of the offences punishable under sections 406, 420 and 114 of the Indian Penal Code. The gist of the allegations are that the accused No. 1 through the accused No. 2 agreed to sell the land of his ownership situated at village Kalana, Taluka Sanand, Khata No. 98 and 100 in all admeasuring 24180 square metres to the first informant for a consideration of Rs. 42,00,000/- and despite the fact that the entire amount had been paid through cheques and cash the accused No. 1 has not executed the sale deed till date and thereby both the accused in connivance with each other have committed the offence of cheating and criminal breach of trust.

3. Mr. Bhargav Bhatt, learned advocate appearing on behalf of the petitioner in Special Criminal Application No.