Honble K.N. Sinha, J.—The present application under Section 482, Cr.P.C. has been filed for quashing of Criminal Complaint No. 5019 of 2004, Abdul Basit v. Dinesh Chand Jain and another pending in the Court of A.C.J.M. (Court No. 2) Moradabad.

2. The brief fact, giving rise to this petition, is that a complaint was filed in the Court of A.C.J.M. 2nd Moradabad under Section 420, IPC against the applicant by the opposite party No. 2. The allegations are that opposite party Nos. 3 and 4 are working in the name of I.B.C. Group engaged in the business of purchase of land and making flats thereon. The complainant -opposite party No. 2 booked the flat in the year 1996 in Platinum Project but the same has not been handed over in spite of various letters and reminders sent, nor the money deposited thereunder has been returned. The complaint is Annexure 1. The Court, after examining two witnesses under Section 202, Cr.P.C., summoned the applicant as an accused under Section 420, IPC by order dated 2.2.2005 (Annexure 2).

3. According to the applicant, no case under Section 420, IPC is made out. In fact opposite party Nos. 3 and 4 are the estate developer and builder, carrying on their b