ASHISH MITTAL & ORS Vs. STATE & ANR

JUDGEMENT

(1.) On the criminal complaint (CC no.29/1/2015) of the second respondent (complainant), the petitioners in this batch of matters were summoned to appear as accused by the Metropolitan Magistrate, by her order dated 04.11.2015, to answer the accusations for offences allegedly committed under Sections 420, 120 B of Indian Penal Code, 1860.

(2.) The petitioners, feeling aggrieved, have come up with this petition invoking the inherent power and jurisdiction of this court under Sec. 482 of the Code of Criminal Procedure, 1973 to seek quashing of the said criminal case on the ground that it is an abuse of the process of law.

(3.) The petition has been resisted by the respondent (complainant) on the ground that the impugned order suffers from no error and that there is no case made out for this court to intervene, it having been clearly shown that the petitioner company, and other petitioners, they being directors or other persons connected with its business or day-today affairs, had indulged in mis-representation leading to the offence of cheating being committed.