ABBAS KHAN Vs. MOHD FAROOQ MATTA

JUDGEMENT

(1.) THROUGH this petition, the petitioners impugn trial Magistrates order dated 11.12.2006, whereunder while taking cognizance of criminal complaint against them u/s 420 read with 506 RPC, he directed issuance of process. Ground pleaded is that allegations leveled by respondent against petitioners even if assumed to be correct reveal a civil cause which could not be taken cognizance on criminal side.

(2.) DURING course of submissions while reiterating contents of petition the petitioners counsel has also contended that in given circumstances the learned Magistrate could not have taken cognizance on criminal side, particularly because the offence of cheating and intimidation were on the face of complainant itself alleged to have been committed beyond his jurisdiction. In reply the counsel for otherside has defended the impugned order and while maintaining that the alleged offence certainly completed within jurisdiction of trial Magistrate with delivery of machinery to petitioner, and as such he was within his powers to take cognizance thereof.

(3.) I have heard learned counsel and considered the matter. On face of it, the petition does not appear to be well founded, for the simple reason that in the first instance the allegation made in the complaint which has been taken cognizance by learned Magistrate if proved, could ex -facie constitute the offence of cheating etc., secondly, that even if the circumstances of the case suggest the civil liability of the petitioners that would not per -se absolve them of criminal liability percolating from the set of allegations as mentioned in the complaint and finally that with receipt of commodity/machinery regarding which the offence of cheating is alleged to have been committed at Srinagar the offence completes here and as such the concerned Magistrate appears to have the jurisdiction to take cognizance thereof. In totality of circumstances, therefore, the objection projected against taking of cognizance by Magistrate do not appeal.