P M RAMKRISHNAN Vs. NEELKANTH MAHADEO KAMBLE

JUDGEMENT

(1.) HEARD Mr. Rege for the petitioners and Mr. Mundergi for the Respondent No.1 and APP for the State-Respondent No.2.

(2.) THIS application is filed quashing the order of JMFC, Kalyan dated 2-12-1996 and also quashing the proceedings i. e. Criminal Case No.248 of 1991.

(3.) ON the other hand it was contended by Mr. Mundergi for the Trust that handing over of the land in the possession of the accused for the purpose of acting under the agreement dated 7-7-1985 was entrustment of property envisaged by the definition of the cheating. Secondly, at nowhere it was contended in their defence that the 10 rooms constructed by them for the Trust were as per the agreement dated 7-7-1985 and as per the specifications in respect of the community hall. Thirdly, it was contended by him that even if the compromise was signed in the civil suit referred to above, factually there was no community hall constructed by the accused and since this is a Trust property and Trust was a party to the agreement, acceptance of compromise by one of the Trustees or Chief Trustee could not bind all the beneficiaries of the Trust. Lastly he contended that the matter was not only of a civil nature but direct criminality was involved in it and therefore the Judgments relied upon by Mr. Rege could not come to the rescue of the petitioners - accused. He also pointed out that at the time of issuance of process, the complainant was required to make out a prima facie case and not to prove the guilt of the accused beyond reasonable doubt and from the evidence given and the circumstances brought on record, sufficient material was before the Magistrate in ordering issue of process.