DILLIPBHAI DOSHI Vs. RAJESH DOSHI

JUDGEMENT

(1.) THE petition is filed under Section 482 of Cr. P. C. for quashing the complaint filed by the respondent No. 1 Complainant in the Additional Chief Metropolitan Magistrate's 2nd Court, Mazgaon, Bombay being Case No. 109/w/82 of 1992 for the offence of cheating under Section 420 of IPC.

(2.) THE complainant and the petitioner had business dealings. It is alleged in the complaint that the complaint had sold and delivered goods worth Rs. 98,030/- to the petitioner through the transporters as per the order placed by the petitioner. THE goods were sent under different bills on four dates i. e. 18/1/91, 23/2/91, 7/3/91 and 7/3/91. After the receipt of the goods the petitioner returned some other goods by raising debit note dated 10/6/1991 for a sum of Rs. 55,637/- and another debit note dated 6/5/1991 for a sum of Rs. 15,051/- It is the case of the complainant that the petitioner-accused instead of paying the bills for the goods supplied, returned some other goods and claimed debit. On that complaint the process was issued by the learned Magistrate which is under challenge in this petition.

(3.) IN my view the above averments in the complaint make out a prima facie case and, therefore, the process cannot be said to have been wrongly issued by the learned Magistrate. The petitioner will have to vindicate himself at the trial. If the complainant proves, as alleged by him in the complaint, that the petitioner had returned different goods from those supplied to him and claimed debit notes, the process cannot be said to have issued wrongly.