SANATAN FINANCERS Vs. PETER FAULKNER

JUDGEMENT

(1.) This petition takes exception to the order passed by the learned Additional Sessions Judge, South Goa, Margao whereby the learned Judge rejected Criminal Revision Application No.92/2010 preferred by the petitioners/applicants seeking quashment of process issued against them by the learned JMFC, Quepem in Criminal Case No.14/P/2010/A before the learned Magistrate.

(2.) This petition was admitted by order dated 15/09/2011. A notice was issued to the respondent/original complainant who stays in England. The notice was served on the respondent.

(3.) I have heard the learned Counsel for the petitioners and also the learned Additional Public Prosecutor. With the help of both, I have gone through the record. Respondent no.1 had filed a complaint before the learned Magistrate alleging that the petitioners herein had cheated him into payment of considerable sum of money promising that the complainant would be made Director of the Company by name Jovial Holiday Homes Pvt. Ltd. The complainant specifically stated that the accused person had cheated him by promising to make him the Director of the Company and that the complainant entered into an agreement and made payment to the accused on this promise. The learned Magistrate examined that the complainant had ordered issuance of process against the petitioners for offence punishable under Section 420 of the Indian Penal Code. The petitioners filed a revision application before the Sessions Court which application was rejected by the learned Judge by the impugned order.