(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure for quashing proceedings initiated through a complaint filed by the respondent on 1st April, 1977 for getting the petitioners punished under Section 420, Indian Penal Code. The respondent, who is the complainant, has not chosen to appear in spite of service.
(2.) IT was mentioned in the complaint that Dinesh Saha petitioner No. 1 and his wife Smt. Munada Sundri Saha, petitioner No. 2 were carrying on business at Calcutta and that they had placed an order with the respondent carrying on business at Hissar for the supply of steel pipes worth about Rs. 50,000/ -. The order was placed on 13th January, 1976 and the supply of goods was made on 17th January, 1976. There were then several occasions on which the petitioners were requested for making payment but ultimately petitioner No. 2 tinder the directions of petitioner No. 1 is said to be have issued a cheque dated 5th August, 1976 for an amount of Rs. 25000/ -, which was subsequently dishonoured.
(3.) THE Chief Judicial Magistrate, Hissar, by an order dated 6th April, 1977, had summoned the petitioners on a finding that an offence under Section 420, Indian Penal Code, had been made out. That order could not be legally passed and for that reason the proceedings pending Against the petitioners before the said Magistrate are quashed.