COSMOPOLITAN EDUCATION SOCIETY Vs. PRAKASH MANMOHANDAS

JUDGEMENT

(1.) Heard Mr. Sunil Chaturvedi, learned counsel for the petitioners and Mr. Amol A. Doijode, learned counsel for respondent No. 1.

(2.) The petitioners are the accused Nos. 1 and 3 respectively in Complaint Case No. 15/SW/2009, pending before the Metropolitan Magistrate, 22nd Court, Andheri, Mumbai. The said case arises on a complaint filed by the respondent No. 1 herein. The learned magistrate, after examining the respondent No. 1 (hereinafter referred to as 'the complainant' for sake of convenience and clarity), issued process requiring all the three accused mentioned in the complaint to appear and answer to the charge of an offence punishable u/s 420 of the IPC r/w Section 34 of the IPC. The petitioners (hereinafter referred to as 'the accused' for sake of convenience and clarity), being aggrieved by the said order of issuance of process have approached this court by invoking its constitutional jurisdiction, under Articles 226 and 227 of the Constitution of India, praying that the order issuing process as also the entire proceedings before the Magistrate be quashed and set aside.

(3.) The substance of the contentions advanced by the learned counsel for the accused persons is that there was no prima facie case, for proceeding against them. It is submitted that the dispute of which a mention has been made in the complaint is purely of a civil nature. It is submitted that civil proceedings in respect of the same issue are already pending between the parties.