JUDGMENT & ORDER :

Heard Mr. K. Bhattacharjee, the learned counsel assisted by Mr. R. B. Yadav, the learned counsel for the petitioner. Also heard Mr. T. Torum, learned counsel representing the respondent No.1 and Mr. J. Tsering, learned Public Prosecutor for the respondent No.2.

2. This is an application filed under Section 482 of Code of Criminal Procedure, 1974 praying for quashing the criminal proceeding in Complaint Case No.131/2018, which is pending before the Court of learned Judicial Magistrate 1st Class (In short ‘JMFC’), Yupia.

3. The brief fact of the case is that the complainant/respondent No.1, Shri Jotam Toko Takam in the Complaint Case No.131/2018, registered under Section 120(B)/420/34 of IPC, inter alia had stated that during the year 2008’ the accused persons (one is present petitioner) were executing project work at JNKV (Jawaharlal Navodaya Kendra Vidyalaya) compound and approached before the complainant for financial help in order to complete the ongoing construction work and he lend a sum of Rs.75,00,000/-(Rupees Seventy five lakhs) only by executing Deed of Settlement dated 02.04.2008 registered before the Court of the learned JMFC on 30.05.2008. The accused per