Law:

Section:

 Through the instant petition, the petitioners impugn the Order dated 10.12.2016, passed by the Court of the learned Judicial Magistrate 1st Class, Islamabad (West), whereby respondent No.1 (Khawar Nawaz) has been discharged under Section 67 of the Code of Criminal Procedure, 1898, (hereinafter referred to as "Cr.P.C.") in case F.I.R.No.372, dated 28.06.2011, registered under Section 489-F Pakistan Penal Code (hereinafter referred to as "P.P.C") at Police Station Margalla, Islamabad. 

2. The facts essential for the disposal of this petition are that respondent No.1 entered into agreement to sell dated 13.08.2007 with the petitioner No.1 for the purchase of land measuring

356 kanals in Mouza Sher Dhamial and Mouza Khatreel, Islamabad, at the rate of Rs.4,50,000/- per kanal. It was agreed between the said parties that petitioner No.1 would transfer his land in the name of respondent No.1 or of his nominee whenever respondent No.1 feels convenient. It was recorded in the said agreement to sell that respondent No.1 handed over post dated cheque No.838736, dated 01.01.2011 amounting to Rs.1,60,200,000/- drawn on Muslim Commercial Bank Limited, Murree Road Branch, Rawalpindi,