NAHEED ARA MOONIS, J. - (1.) HEARD learned counsel for the applicants and learned AGA and have been taken through the record.
(2.) THE instant application under section 482 Cr.P.C. has been filed with a prayer to quash the entire criminal proceedings of Case No. 505 of 2012 (M/s S.K.Jain and Co. Vs. Smt. Rachana Jain and another) initiated pursuant to the summoning order dated 9.4.2012 passed by the 4th Additional Chief Judicial Magistrate Meerut whereby the appplicants have been summoned to face the trial for the offence punishable under sections 420/120B IPC Police station Nauchandi District Meerut. The genesis of the fact emanating from the prosecution in a short compass is that M/s S.K.Jain and Co. (opposite party no.2) entered into agreement with the applicants in respect of buying and selling of shares on 2.8.2007 . The applicants were well familiar to the opposite party no.2 who had persuaded the opposite party no.2 to enter and run the business with them. They will earn the share and will distribute the earned money of share amongst themselves in a month.The applicants and the opposite party no.2 were engaged in the business of purchase and selling of shares from 2.8.2007 to 12.5.2011. The applicants stopped to run the business of shares with the opposite party no.2 and when the opposite party no.2 asked for due amount to the tune of Rs. 9,42,187.16 ,the applicants assured the opposite party no.2 to make payment of the said amount within one month. The applicants despite giving full assurance did not make payment of aforesaid due amount within the stipulated period. The complainant met to the applicants time and again in relation to payment of due amount ,the applicants adopted dilatory and stalling tactics so as to avoid the? payment to the opposite party no.2? on either pretext instilling a wrong confident of making the payment very soon. From the conduct of the applicants, it is evident that the applicants have formed strong will of usurping the money of the complainant by adopting deceitful and dishonest device with an oblique motive of causing loss to him? and earning undue gain for themselves. The opposite party no.2? is well familiar about? the conduct of the applicants that they will not adhere on their assurances. After lapse of some time , the opposite party no.2 moved an application under section 156 (3) Cr.P.C.before the Additional Chief Judicial Magistrate (IV) Meerut . The learned Magistrate after recording the statement of the complainant under section 200 Cr.P.C. and the witnesses under section 202 Cr.P.C.and also examining the documentary evidence found prima facie offence to summon the applicants to face the trial under section 420/120B IPC vide order dated 9.4.2012.
(3.) IT is submitted by the learned counsel for the applicants that there is no essential? ingredients of section 420/120B IPC in the present case. From the bald perusal of the complainant, it transpired that it is a case of breach of trust? which is a dispute in civil nature . The complaint was filed with an oblique motive of harassing the applicants . The opposite party no.2 filed the complaint against the applicants as a counter blast since the applicants have already moved an application against the opposite party no.2 under section 323/504/506/452/392/427 IPC before the Additional Chief Judicial Magistrate Meerut on 30.3.2012? to register the first information report against the opposite party no.2 as he? had entered into agreement with the applicants and used abusive and vituperative languages .They had also entered in the house of the complainant (now applicant) in the presence of his wife,children and the mother and scattered the household goods .;