TOMY Vs. JAFFER

JUDGEMENT

(1.) Criminal prosecution has been launched against the petitioners, who are accused Nos. 1 and 2 in C.C. No. 607 of 1999 on the file of Judicial 1st Magistrate Court 1, Hosdrug, by the first respondent filing Annexure A complaint against them and the criminal proceedings thus initiated are sought to be quashed invoking the powers of this Court under S.482 Cr. P.C. which is to be exercised sparingly and with circumspection and that too in rarest of rare cases.

(2.) The gist of the allegation made in the complaint is that they committed offence punishable under S.420 read with S.34 IPC. The allegations made against them in Annexure A complaint are stated in the Crl. M.C. and therefore it is unnecessary to state before considering the legal principles the precise allegations made against the petitioners by the first respondent in Annexure A complaint. Criminal proceedings are sought to be quashed on the ground that the allegations made in the complaint even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the petitioners. The transaction referred to in the complaint is of civil nature and court below ought not have taken cognizance of the offence alleged to have committed by them in Annexure A.

(3.) The offence alleged to have been committed by the petitioners is punishable under S.420 IPC and the necessary ingredients of offence of cheating defined in S.415 of the Indian Penal code are --