1. - These two misc. petitions have been filed by the petitioners against the order dated 12.11.2009 passed by the learned Judicial Magistrate 1st Class, Dungarpur in Original Case No. 46/2007 framing charge against the petitioners for the offences under Sections 418 and 120B IPC.

2. Succinctly stated the facts of the case are that the respondent No. 2 complainant filed a complaint in the concerned Court against the petitioners for the offences under Sections 420, 120B and 379 IPC. The allegation of the complainant was that the accused Hukka gave a proposal to the complainant and her husband that he was having 3 Biswas of land on the Aaspur-Dungarpur road on the Mauja Punali. He was desirous of constructing shops on the said road but due to financial constraints, he was not in a position to raise the construction. On the promise of the accused Huka, partnership agreement was executed between the complainant and Hukka on 7.2.2001 and as per terms of the agreement, the property was agreed to be shared amongst both of them and the profits were also agreed to be shared. The complainant has come out with the case that pursuant to the agreement being entered into between the part