JAGMOHAN B ROONGATA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application under Section 482 of the Criminal Procedure Code the applicants, original-accused have prayed for an appropriate order to quash and set aside the/home/rmr/scr.a145707o2.sxw complaint being Criminal Complaint No. 661/1996 pending in the Court of learned Chief Judicial Magistrate, Amreli and order dated 5th July 1996 passed by the learned Magistrate, Amreli in the said complaint.

(2.) Though served nobody appears on behalf of the respondent original-complainant. Under the circumstances this Court has no other alternative but to proceed with the matter and decide and dispose of the same ex parte.

(3.) The complaint being Criminal Complaint No. 661/1996 came to be filed by the respondent No.2, original-complainant against the applicants in the Court of learned Chief Judicial Magistrate, Amreli, for the offences punishable under Section 406, 420 of the IPC alleging inter alia that the applicants have entered into one lease deed in favour of original-complainant in respect of payment of Rs. 15,000 by way of deposit and Rs. 5000 towards licence, NOC expenses etc., and out of which Rs. 10,000 was paid as advance. The applicants did not act as per the lease deed dated 23rd September 1993 and therefore it is alleged that the applicants have committed offences under Section 406, 420 of the IPC. In the said complaint the learned Chief Judicial Magistrate by order dated 5th July 1996 issued summons upon the applicants under Section 406, 420 of the IPC and therefore the applicants have preferred the present application under Section 482 of the Cr.P.C. It is required to be noted that initially the applicant No.1 herein submitted an application for discharge before the learned trial Court, however the learned Magistrate, Amreli did not decide the same on merits and by order dated 29th March 1997 dismissed the said application as premature.