DIAMOND CABLES LTD Vs. STATE OF A P

JUDGEMENT

(1.) This Criminal Revision Case is directed against the order dated 7-10-2003 passed in Crl.M.P.No.3779 of 2003 in C.C. No.1020 of 2002 on the file of XXIII Metropolitan Magistrate, Hyderabad, by which the learned Magistrate dismissed the application filed by the petitioners under Section 239 Cr.P.C.

(2.) Briefly, the facts are that the petitioners are A1 to A5 in the said C.C. The said C.C. arises out of a complaint presented by R2-M/S Nagarjuna Construction Company Limited, which formed the basis for registering a case in Crime No.630 of 2002 under Sections 403, 406, 409 and 420 of IPC. The complaint averments are that M/s Diamond Cables Limited (Petitioner No.1 herein) agreed to supply the following materials to the complainant:

(3.) Since the petitioners/accused filed application under Section 239 Cr.P.C before the Trial Court seeking discharge it would be profitable to refer Section 239 of Cr.P.C and it is thus: