SEEMA GHOSH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned counsel for the respondents.

(2.) THE petitioners have filed this writ petition for issuance of an appropriate writ, order or direction for quashing the entire criminal proceeding against them in connection with C-1 Case No. 170 of 2010 including the order dated 30.3.2010 passed therein, by Shri A.K. Tiwary, Judicial Magistrate, 1 st Class, Jamshedpur, whereby after enquiry in the complaint petition, prime facie case was found against the petitioners for the offence under Sections 420/34 of the Indian Penal Code and processes were ordered to be issued against them.

(3.) LEARNED counsel for the respondent No. 2, on the other hand, has submitted that on the basis of allegation made in the complaint petition, the offence is clearly made out against the petitioners for the offence under Section 420 of the Indian Penal Code, inasmuch, the petitioners had accepted the amount of Rs. 3,20,6000/- from the complainant and still another franchisee was appointed at Jamshedpur. It is, however, admitted that franchisee was also offered to the complainant respondent No. 2. After having heard learned counsels for the parties and upon going through the material on record, it appears that it is a case purely emanating from a business contract between the parties alleging breach of contract at the hands of the petitioners. It cannot be said from perusal of the complaint petition that the petitioners were having the dishonest intention of cheating from the very beginning, rather, according to the learned counsel for the complainant, franchisee was offered to the complainant as well.