SHARAD NAGURAO LOMTE Vs. SANGRAM TUKARAM DANGAT

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C . for the sake of brevity) by applicants/original accused nos.2 and 3 in Regular Criminal Case No.2032 of 2017 pending on the file of the learned Judicial Magistrate First Class, A.C.Court, Pune, for quashing and setting aside the order of issuance of process for offences punishable under Sections 420 , 467 , 468 , 471 , 506 read with 34 of the Indian Penal Code passed on 30th October 2017.

(2.) Rule made returnable forthwith. Heard finally by consent of parties.

(3.) The learned counsel for applicants/original accused nos.2 and 3 drew my attention to the complaint as well as the Verification Statement of the complainant and argued that there is no iota of evidence for issuance of process for offences punishable under Sections 467 , 468 and 471 of the Indian Penal Code. The learned counsel further argued that the applicant/accused no.2 was not even the partner of the partnership firm. According to the learned counsel for applicants/accused nos.2 and 3, there is no averment in respect of applicant/accused no.2 even in the Verification Statement of the complainant. Section 420 of the Indian Penal Code requires intention to cheat and that is also not reflecting from the material which was before the learned trial Magistrate. With this, it is submitted that the impugned order needs to be quashed and set aside.