- (1.) Petitioners have preferred this petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) for quashing of criminal complaint No. 30611 dated 21.4.2008, under Sections 383, 384, 403, 406,409, 415, 418, 419, 420, 506 of the Indian Penal Code, 1860 (Annexure P-14); summoning order dated 1.9.2008 under Sections 406, 418, 420, 506, 120-B, 34 IPC (Annexure P-23) and all the subsequent proceedings arising therefrom.
(2.) Learned senior counsel for the petitioners has submitted that the complaint in question had been filed as a counter blast to the complaints filed by the petitioners against respondent No.2 under Section 138 of the Negotiable Instruments Act, 1881 (for short- " the Act") with regard to the disnonour of cheques. A perusal of the complaint did not reveal that any criminal offence had been committed by the petitioners. Learned senior counsel has further submitted that the trial Court, vide order dated 21.4.2008 (Annexure P-16), had sought report from the Deputy Superintendent of Police, Palwal under Section 202 Cr.P.C. after recording statement of the complainant. The Deputy Superintendent of Police, Palwal, vide report dated 11.5.2008 (Annexure P-20), had stated that the dispute between the parties involved business transactions and the allegations levelled by the complainant were false and baseless. While passing the impugned summoning order, the trial Court had failed to consider the said report. None has appeared on behalf of respondent No.2.
(3.) Learned State counsel, on the other hand, has opposed the petition.;