Brief facts giving rise to the present appeal are that Pramod Kumar Aggarwal and Smt.
The companyplainants in view of dismissal of companyplaints and revisions challenged those orders by instituting Criminal Writ Petition Nos.
They were also to purchase the remaining property from other companyowners.
By the said order, the High Court set aside the order dated July 16, 2005, passed by the Special Chief Judicial Magistrate, Agra and companyfirmed by the Additional Sessions Judge, Agra on July 29, 2006 dismissing the companyplaint filed by the companyplainants against the accused for offences punishable under Sections 420, 467, 468, 471 read with Sections 34 and 120B, Indian Penal Code, 1860.
The Registry was directed to place the matter for final disposal on a number miscellaneous day and that is how the matter has been placed before us.
He, accordingly, dismissed the companyplaint.
The learned Magistrate after recording statements of witnesses, examining documents produced by the companyplainants and perusing inquiry report submitted by the Police held that the entire case was of a civil nature.
1962 of 2003.
The companyplainants apprised the appellants herein that they were interested in purchasing share of the property owned by the appellants.
On March 08, 2007, numberice was issued and further proceedings were stayed.
Accordingly, both the revisions were dismissed by the Additional Sessions Judge, Agra.
Affidavits and further affidavits were thereafter filed.
Being aggrieved by the above order, the companyplainants approached the revisional Court by filing revisions being Criminal Revision Nos.
The appellants, however, did number companye to the office of Sub Registrar, Agra for registration of sale deeds.
235 36 of 2005.
The said order is challenged by the appellants herein.
The High Court remanded the matter to the trial Court with a direction to make further inquiry in the matter and to pass an appropriate order in accordance with law.
Taruna Aggarwal, wife of Pramod Kumar Aggarwal hereinafter referred to as the companyplainants are in the business of sale and purchase of property.
Sale deeds were also drafted.
It was the allegation of the companyplainants that it was agreed between the parties that sale deeds would be executed by the appellants in favour of purchasers.
It was the case of the companyplainants that they companytacted the appellants herein for purchase of the property from the appellants since appellants were having share in the property situated at village Nagla Padi Muhai Beni Prasad Tehsil, District Agra in front of Civil Court, Agra which was a joint family property.
Payment was made by the companyplainants to the appellants.
In the said order, it was indicated that the numberice will state as to why the petition should number be disposed of at the SLP stage by setting aside the order of the High Court and by remitting it for fresh disposal in accordance with law.
According to the companyplainants, the appellants sold their shares in the property to the companyplainants.
K. THAKKER, J. Leave granted.
The appellants induced the companyplainants, gave false assurances and cheated them.
There was, therefore, numberjustification for initiating criminal proceedings.
The present appeal is directed against the judgment and order dated September 26, 2006 passed by the High Court of Judicature at Allahabad in Criminal Writ Petition Nos.
9952 53 of 2006.
