SHABBIR HUSSAINI MERCHANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, returnable forthwith. Heard finally by consent of the parties.

(2.) This petition is filed for seeking direction to quash and set aside impugned order dated 9.8.2012 passed by the learned Metropolitan Magistrate, 25th Court, Mazgaon, Mumbai in Criminal Case No. 157/SW/2012, filed by respondent No.2 agitating therein that they had committed an offence punishable under Sections 120-B read with sections 409, 465, 467, 471 and 420, read with section 34 of Indian Penal Code.

(3.) The petitioners/accused are related to the complainant. The complainant alleged that he was doing business of fishing hard ware since last many years. In the year 2008 he sold his business interest and went to Canada. He stayed there for three years, and in June, 2011, returned to India. The complainant earned near about one crore rupees from selling his business. The complainant alleges that he gave loan of Rs.1,50,000/-to accused No.1 to start his business. Accused had assured the complainant that they would give him share in profit in the business. Before leaving for Canada, the complainant had handed over his four cheques to the accused for the purposes of share trading, for payment of tax, light bill, LIC premium, etc. On the complainant asking the accused in respect of accounts of business, the accused refused to provide the same. The accused had given three cheques of Rs.50 lakhs each drawn on HSBC Bank. These three cheques were deposited in the account at Alibagh Branch of Bank of India. Those cheques, according to the complainant were dishonoured with endorsement that account was closed.