ANIL SHARMA Vs. S N MARWAHA

JUDGEMENT

(1.) The petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, challenging the legality of the order of the Metropolitan Magistrate summoning the petitioner on the basis of complaint filed by the complainant under Sections 420 and 120-B, of the Indian Penal Code.

(2.) Brief facts necessary to dispose of this petition are recapitulated hereinunder. Respondent no.l filed a complaint under Sections 420 and 120-B, against the petitioners in December, 1992. In the complaint, it is incorporated that the complainant had been in search of a match for his daughter Ms. Poonam. The complainant came across the matrimonial advertisement in Hindustan Times daily (English) dated 26th March, 1989. In pursuance of that advertisement, negotiations were carried on. Accused no.3, the father of the boy sent a reply. The advertisement showed that the boy was a divorcee. There was no mention of any child from the first marriage. The advertisement is reproduced as under :-

(3.) The bio-data of .accused no.5, was sent by his father, accused no.3 to the complainant. The complainant suggested to accused persons to visit the house of the complainant for further negotiations. According to the complainant, accused No.3 and 4 visited the house of the complainant in the last week of April, 1989 and they saw the girl and showed papers of earlier decree of divorce of the boy to the complainant. The papers did not have any reference to any child from the first marriage. The main grievance of the complainant is that Sanjeev Tandon, accused no.5 and other accused withheld this vital fact that there was a child from the first marriage. Because of withholding of this information, the complainant was cheated. The accused are guilty of concealing this fact knowing fully well that there Was a child from the earlier marriage, who was studying at Delhi. According to the complainant, they all intentionally concealed this fact to cheat the complainant and spoil the life of his daughter. All of them are conspirators to the cheating.