JUDGMENT :

Sanjay Kumar Singh, J.

1. Heard Shri Sameer Jain, learned counsel for the applicant, Shri Kunwar Rahul Ji, holding brief of Ms. Nandini Mishra, learned counsel for the opposite party no.2 learned A.G.A. for the State/opposite party no.1 and perused the record with the assistance of learned counsel for the parties.

2. This Criminal Revision under section 397/401 Cr.P.C. has been filed by the revisionist Omkar Nath Singh, Rai Sahab Singh and Suraj Kumar Singh against the order dated 8.2.2017 passed by Judicial Magistrate Court No.1, Varanasi in Complaint Case No.1098 of 2013 (Rakesh Kumar Singh vs. Omkar Nath Singh and others) under sections 406, 420, 504, 506 I.P.C, whereby the learned Magistrate dismissed the discharge application moved by the revisionists under section 245(2) Cr.P.C.

Basic facts

3. This case has a chequered history of litigations between the parties. Factual matrix of the case are that one agreement to sell (Satta-Ikrarnama) dated 3.5.1978 was executed by the revisionists in favour of Gopal Ji Singh (father of opposite party no.2) after taking an advance amount of Rs.20,000/from Gopal Ji Singh in respect of 1/3 share of land araji No.290 area 06 decimel, 29