JUDGMENT :

Rastogi, J.

1. Leave granted.

2. The appellants who are the de-facto complainants in FIR No. 132/2017 dated 28th April, 2017 are questioning the order of the High Court dated 15th March, 2019 passed in Criminal Miscellaneous Case Nos. 1718/2017 and 7009/2017 whereby the learned Single Judge in exercise of its jurisdiction under Section 482 of the Code of Criminal Procedure(hereinafter being referred to as “CrPC”) taking cognizance for the offence under Sections 420, 406 and 34 IPC quashed the orders and set aside the criminal proceedings against 2nd respondent on the foundation that the allegations made in the complaint/FIR does not constitute offences under aforestated sections.

Brief facts of the case

3. The factual matrix of the matter as reflected from the complaint as alleged are that the subject property in question, i.e., 37, Friends Colony(East), New Delhi is in the ownership of 2nd respondent. The said property was mortgaged with State Bank of Patiala and the total legal liability payable to the Bank was Rs. 18 crores. That in order to clear the said dues, 2nd respondent hatched a conspiracy with broker Ashok Kumar so as to cheat and defraud the appellants/complainan