SUNIL KUMAR GARG,J. - (1.) This criminal misc. petition under section 482 Cr.P.C. has been filed by the accused-petitioner with a prayer that the charge under section 420/34 IPC which was framed by the order dated 9.4.1990, against the accused-petitioner be set aside and proceedings in Criminal Case No. 11/87 pending in the Court of Additional Chief Judicial Magistrate No. 1, Bikaner be quashed.
(2.) This criminal misc. petition arises in the following circumstances : That on complaint of respondent No. 2, a case was instituted against the present accused-petitioner and another accused-Ashok Kumar Pareek. The gist of the complaint is that accused-Ashok Kumar Pareek and present accused-petitioner came to Bikaner on 30.1.1982 to purchase yarn from the firm of the complainant-respondent No. 2. It is further alleged that on 30.1.1982, 200 kgs. woollen yarn @ Rs. 40/- per kg. was purchased and the goods were delivered as per the terms and conditions within 60 days. The accused-Ashok Kumar Pareek and accused-petitioner were to pay the cost of the garn. It is further alleged that the Hundi was dishonoured, therefore, the complainant has suffered a loss of Rs. 80,080 /- and thus, the present accused-petitioner and main accused-Ashok Kumar Pareek committed offence of cheating.
(3.) That on this complaint vide order dated 9.4.1990, the learned Magistrate framed charges for offence under section 420 IPC against the accused-Ashok Kumar Pareek and for offence under section 420/34 IPC against the present accused-petitioner.;