Sandeep Mehta, J. - (1.) The instant miscellaneous petition has been filed by the petitioners challenging the orders dated 2.7.2009 passed by the learned Additional Sessions Judge No. 1, Sri Ganganagar in Criminal Revision No. 73/2007, whereby he has modified the order dated 28.6.2007 passed by the learned Judicial Magistrate, (First Class) No. 1 Sri Ganganagar in Criminal Case No. 712/2006 and while affirming the charge under Section 420 Indian Penal Code the learned Revisional Court has set aside the charge for the offence under Section 406 Indian Penal Code
(2.) Succinctly stated the facts of the case are that an F.I.R. No. 192/2005 was registered against the petitioners at the Police Station, Sri Ganganagar at the instance of the respondent No. 2 Sadhu Singh on 10.8.2005. The allegation made in the F.I.R. was that the complainant and the accused were close acquaintances and the accused, intending to cheat the complainant, induced him to join a company known as Amku Engineers (India) Pvt. Ltd., Mohali, Chandigarh. It is alleged that for giving the 50% shares of the said company, the complainant was made to part with a sum of Rs. 29,00,000/-. The complainant further alleged in the F.I.R. was that despite giving such a huge sum of money to the accused, the accused did not transfer the company's shares as promised to the complainant, nor any Certificated were issued in his favour.
(3.) The F.I.R. was registered for the offences under Sections 406 and 420 Indian Penal Code and on the conclusion of investigation, a charge-sheet was filed for the said offences against the petitioners;