Penal Code, 1860–Secs. 420, 406, 424 & 468–Criminal proceedings–Sustainability–Appellants executed two sale agreements in favour of second respondent and his brother U–Second respondent and U filed the suit for specific performance–Thereafter, the suit was withdrawn with the contention that the amount paid as advance has been received back–Trial Court permitted the application for withdrawal of suit with specific observation that the second respondent had signed the application–Order of granting the permission was never challenged by the second respondent–In the first complaint, no prima facie case was found–Allegations in the second complaint were based on the same agreement of sale–Second respondent had given up is rights under the agreement–Continuing of criminal complaint would be nothing but an abuse of the process of law–Quashed.
