UMRAODEVI SAWATRAJ GOLECHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioners are hereby assailing the correctness, propriety and legality of the order passed by the learned Judicial Magistrate, First Class, Ichalkaranji in Criminal Case No. 372 of 1997 by which he issued process against the petitioners for the offence punishable under section 420 read with 34 of the Indian Penal Code.

(2.) RESPONDENT No. 2 alleges that the petitioners "opened a khata" with respondent No. 2 and purchased cloth by informing him that they were having a partnership firm at 288, Kalbadevi Road, 4th floor, Mumbai 400 002. Respondent No. 2 was to recover a sum of Rs. 5,84,180/- from the petitioners by the end of 31-3-1997. He issued a notice to them through their Advocate Shri. N. R. Toshsnawal, a resident of Ichalkaranji. The notice which was sent at the Mumbai address was received back by respondent No. 2 as it was not accepted by the present petitioners. However, the notice which was sent to them at Balotra was received by them. As alleged by respondent No. 2, the petitioners did not pay the recoverable sum to him. Hence, he filed a criminal complaint as mentioned above in the Court of the learned Judicial Magistrate, First Class, Ichalkaranji.

(3.) SHRI. Jain submitted that no offence has been made out by the allegations mentioned in the complaint making out a case of cheating and, therefore, the learned Judicial Magistrate committed an error of taking cognizance of the said complaint and issued process against the petitioners. He submitted that the transaction is of a civil nature and on that count also the learned Magistrate committed error of issuing process against the petitioners. He prayed that the said prosecution be quashed.