BHOR INDUSTRIES LIMITED Vs. ANIL MAHAJAN

JUDGEMENT

(1.) HEARD.

(2.) THE petitioner hereby assails the correctness, propriety and legality of the judgment and order passed by the Additional Sessions Judge, Pune, in Criminal Revision Application No. 372 of 2001 whereby he set aside the order passed by the JMFC, Bhor who issued the process against respondent No. 1 for offences punishable under Sections 415, 418 and 420 of Indian Penal Code.

(3.) SHRI Khandeparkar, counsel appearing for the petitioners, submitted that though there are clear allegations made in the complaint bringing in, the Ingredients of offence defined by Section 415 of IPC made punishable by Sections 418, 420 of IPC, the learned Sessions Judge set aside the order of the learned Magistrate who issued the process against respondent No. 1 for the offences punishable under the provisions of Sections 415, 418 and 420 of IPC. He invited the attention of this Court to the allegations made in paragraph 16-B of the complaint whereby a specific allegation has been made that the intention of the respondent No. 1 was fraudulent and was of cheating the petitioner when the memorandum of understanding was prepared on 16-8-2000. Shri Khandeparkar further pointed out that in the said paragraph, the word "deceived" has been used which clearly makes out the allegation that the respondent No. 1 had fraudulently cheated the petitioner and thereby caused a wrongful loss to the petitioner and wrongful gain to himself. Shri Khandeparkar submitted that when this was the allegation in the complaint, it was necessary for the learned Additional Sessions Judge to read it as it is and it was necessary for him not to disturb the order by which the learned Magistrate issued the process against respondent no. 1.