RAM BIRAJI DEVI Vs. UMESH KUMAR SINGH

JUDGEMENT

(1.) Special leave granted.

(2.) This appeal arises out of the judgment dated 13-1-2005 passed by the High Court of Judicature at Patna in Criminal Misc. No. 11930 of 2004 dismissing the petition filed by the appellants under Section 482 of the Cr. P.C. seeking quashing of the order dated 8-8-2003 of the Judicial Magistrate, Gaya, in Complaint Case No.298/2003 - T.R. No.808/2003.

(3.) Briefly stated the facts of the case are that the Complainant Umesh Kumar Singh - respondent No.1 herein, filed a complaint against the appellants before the Chief Judicial Magistrate, Gaya, inter alia alleging that Smt. Ram Biraji Devi - appellant No.1 herein, was allotted MIG Plot No. M-27 situated in Housing Board Colony, Gaya. In July 2002, both the appellants represented to the complainant that they were badly in need of money and wanted to transfer the allotted plot to some person interested to purchase the said plot. The complainant expressed his willingness to purchase the plot. It was alleged that the parties orally agreed that the complainant would pay to the appellants a sum of Rs. 4 lakhs as price of the plot and on payment of the said amount, the appellants would transfer the plot in favour of the complainant.