1. The petitioners seek quashing of proceedings in C.C.No.53 of 2008, on the file of learned Judicial Magistrate No.I, Ramanathapuram. Such case has been taken cognizance for offence under Sections 406 and 420 I.P.C. on the basis of charge sheet pursuant to investigation in case registered in Crime No.34 of 2006 on the file of the first respondent.

2. Heard learned counsel for petitioner, learned Government Advocate (Criminal side) for the first respondent and learned counsel for the second respondent.

3. It is represented that the first petitioner is no more. The second petitioner is his wife. In gist the prosecution case is of an agreement for sale regarding property having been entered into between the deceased first petitioner and the second respondent, where under advances were paid by the second respondent towards purchase of property belonging to the deceased in the year 1996. Not having repaid the advance sums, the deceased had effected sale of the property to another in the year 1997. Thereafter, he had executed an undertaking to effect payment of advance sum of Rs.60,00,000/- in instalments of Rs.5,00,000/- each. He having failed to do so, the complaint came to be