PRESOLITE OF INDIA LTD Vs. MUNSIF MAGISTRATE

JUDGEMENT

(1.) THIS is an application Under Section 482 Cr. PC Sri V. K, Burman, counsel for the petitioners and Sri Tapan Ghosh, counsel for the respondent no. 2, have been heard at length.

(2.) SRI Genda Lai Sharma, respondent no. 2, is a partner in M/s Yogesh Metal Industries, Aligarh. A complaint (copy Annexure CA-2 to the counter affidavit of Sri Genda Lai Sharma, respondent no. 2) was filed by the respondent no. 2 in the court of Munsif Magistrate Under Section 420 IPC The Munsif Magistrate recorded statements of the witnesses Under Section 202 of the Cr. PC and then passed order on 46-1976 summoning the accused.

(3.) SRI Tapan Ghosh has raised a preliminary objection that the order passed by the Munsif Magistrate is interlocutory in nature, that no revision is permissible against such an order Under Section 397 (2) Cr. PC and as such this application Under Section 482 Cr. PC was not maintainable. Section 482 Cr. PC reserves the inherent power of the High Courts. This power is to be exercised if it is necessary to prevent abuse of the process of any court or otherwise to secure the ends of justice. In view of this the bare question is whether the allegations of the complaint make out, prima facie, an offence of cheating. Section 415, IPC defines cheating ag Whoever by deceiving any person fraudulently or dishonestly induces the person so deceived to deliver say property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were. 1 not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to cheat. An explanation is attached to this section which provides that dishonest concealment of facts is a deception within the meaning of this section. The position that follows is that the main ingredient of the. offence of cheating is either a dishonest misrepresentation or a dishonest concealment of facts on the basis of which the person deceived delivers any property to the offender or to consent that the offender shall retain the property already delivered.