- (1.) Heard learned advocates of both the sides.
(2.) This application is at the instance of the accused persons and is filed for quashing of a complaint case being C.R. No.40 of 2012 but wrongfully recorded as C.R. Case No. 102 of 2010 pending before the learned Judicial Magistrate, 1st Class-11 at Port Blair. The short fact is that the respondent No. 2 instituted a petition of complaint for offences under Section 420/468/471/34, IPC against the accused persons/petitioners herein before the learned Chief Judicial Magistrate, Port Blair and the said case was transferred to the learned Judicial Magistrate, 1st Class-ll, Port Blair for disposal.
(3.) Upon recording the evidence on S.A., the learned Trial Judge was satisfied prima facie that a case under Section 420/468/471/34, IPC had been made against the accused persons and as such the process was issued against them. The case was fixed for service return and appearance but the accused persons preferred not to appear before the learned Judicial Magistrate.;