G.S. Ahluwalia, J. - (1.)This application under Section 482 of Cr.P.C. has been filed for quashment of the order dated 21-1-2016 passed by 19th A.S.J., Indore in Criminal Revision No.690/2015, thereby affirming the order dated 24-8-2015 passed by J.M.F.C., Indore in Criminal Case No.19585/2012, by which charge under Section 420 of I.P.C. has been framed.
(2.)It is submitted by the Counsel for the parties that the Trial is still at the initial stage.
(3.)The necessary facts for the disposal of the present application in short are that the respondent Devendra Parmar, filed a criminal complaint against the applicants for offence under Sections 420, 405 and 406 of I.P.C. on the allegations that the applicants had approached the complainant and made an oral agreement with the complainant for taking the liaisoning services of the complainant for a sum of Rs. 10 lakh. A Cheque of Rs. 1.50 lakhs was also given to the complainant, by way of token amount. In all, the applicants have paid Rs. 2.15 lakhs to the complainant by way of part payment of liaisoning fees of the complainant. It was further alleged that the complainant had also hired the services of different Advocates and had also spent considerable amount under different heads and when the complainant demanded his remaining liaisoning fees, then the applicants gave a cheque of Rs. 7 lakhs dated 1-3-2011 and assured that the said cheque would get encashed. However, the said cheque stood bounced and the applicants all the time were assuring the complainant that they would pay the amount, but it appears that the applicants were making false promises to the complainant, so that the statutory period for filing complaint under Section 138 of Negotiable Instruments Act, may expire. Later on, they refused to pay the amount and openly said that they were gaining time so that the statutory period of filing complaint under Section 138 of Negotiable Instruments Act is over. It is also submitted that the complainant has already filed a civil suit against the applicants for recovery of the amount. It is further submitted that the Trial Court (J.M.F.C., Indore) by order dated 24-8-2015 passed in Criminal Case No.19585/2012, framed charge under Section 420 of I.P.C. Being aggrieved by the order of the Trial Court, the applicants filed a Criminal Revision, which was registered as Cr. R. No.690/2015 and the 19th A.S.J., Indore by order dated 21-01-2016 has dismissed the Revision.