Heard Mr. A. Das, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Addl. P.P. for the respondent No.1 and Mr. A.K. Bhuyan, learned counsel for the respondent No.2.

2. In this petition, under Section 482 of the Cr.P.C., read with Article 227 of the Constitution of India, two petitioners namely, M/S Magus Construction Private Limited and Shri Anup Kumar Nath, have challenged the correctness or otherwise of the order, dated 16.07.2018, passed by the learned Judicial Magistrate 1st Class, Kamrup (M) at Guwahati, in Complaint Case No. 1729C/2012. It is to be mentioned here that vide impugned order, the learned Court below had allowed the petition No. 6384, dated 06.04.2018, filed by the respondent under Section 91 of the Cr.P.C.

3. The factual background, leading to filing of the present petition, is briefly stated as under:

“The respondent No. 2, Mrs. Banita B. Dutta, has instituted a complaint case being C.R. Case No. 1729c/2012, under Sections 406/468/474 of the IPC against the present petitioners alleging inter-alia amongst others that she had purchased one Flat from the respondent No. 1 vide Sale Deed No. 10208/2007. Thereafter, the petitioners again sold the