VITHALRAO INGLE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this petition under Section 482 of the Code of Criminal Procedure, 1973, the petitioners have prayed to quash Criminal Complaint No.3130/1995 pending before the learned Metropolitan Magistrate, Court No.16, Ahmedabad filed by the respondent No.2 herein. The petitioners have also challenged the order of issuing summons by the learned Metropolitan Magistrate, Ahmedabad in the said complaint.

(2.) The facts of the case stated briefly are that the respondent No.2 original complainant had lodged a complaint before the learned Metropolitan Magistrate, Ahmedabad, wherein it is stated that the petitioners herein had purchased clothes worth Rs.11,296=62 ps. on 16.11.1992 vide Bill No.197 and goods worth Rs.17,240=00 ps. on 19.11.1992 vide Bill No.207, in all worth Rs.28,554=62 ps. It is alleged in the complaint that the complainant had asked for cash payment in respect of the goods in question, however, the petitioners had assured him that they would make payment of the entire amount along with interest within a period of a month. Hence, on the basis of such assurance, the complainant had delivered goods worth Rs.28,544=62 ps. to the petitioners. It is the case of the complainant that, despite a long time having elapsed, not a single penny has been paid towards payment of the said goods. The complainant, accordingly, lodged the complaint against the petitioners alleging the offences of cheating, breach of trust etc.

(3.) Pursuant to the filing of the complaint, the learned Metropolitan Magistrate, Court No.16, Ahmedabad, had taken cognizance of the offence and issued summons for the offences punishable under Sections 420 and 120 of the Indian Penal Code, which has given rise to the present application.