SHIV KUMAR DAGA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This provision is directed against the order dated 25-6-82 passed by the learned Chief Judicial Magistrate, Tezpur, whereby the accused petitioner's application under S.245(2) of the Code of Criminal Procedure, hereafter the 'Code', was rejected and bailable warrant of arrest against the accused petitioners were directed to be issued.

(2.) Briefly, the facts are that the opposite party No. 1 had filed complaint dated 10-10-79 against the accused petitioners on the allegations that even though the petitioners had entered into agreement for supply of 20,000 pieces of blankets to the complainant, the petitioners had supplied only 960 pieces of inferior quality with the result that the complainant had incurred losses, and it was contended that the petitioners had committed the offence of 'cheating'. The learned Magistrate had examined the complainant and on being satisfied had issued process against the petitioners. The accused petitioners had appeared through a learned Counsel and had prayed for exemption of their presence. The matter was taken to the learned Sessions Judge, who by order dated 25-4-81 had rejected the petitioners' prayer against cognizance having been taken and the issue of process.

(3.) The complainant had filed some documents in support of his case and the petitioners on 30-3-82 filed an application under S.245(2) of the Code, wherein they referred to the documents filed by the complainant, and it was submitted that the genuineness of the documents was not disputed by the petitioners. The application was opposed by the complainant. The learned Chief Judicial Magistrate by the impugned order rejected the prayer.