- (1.) Heard learned counsel for the petitioner and learned counsel for the opposite parties. This application has been filed for quashing of the entire criminal proceeding of Complaint C/1 Case No. 308 of 2009, including the order dated 21.12.2009, whereby and whereunder the Court having found prima facie, case being made out under Sections 403, 406 and 420 read with Section 34 of the Indian Penal Code issued summons against the petitioners.
(2.) The case of the complainant/opposite party No. 2 as it appears from the complaint case is that the complainant contacted the accused Nos. 2 and 3 telephonically for giving him distributorship of films namely, "Heroes", "Droma" and "Chal Chala Chal". Upon which it was told by the accused persons that the distributorship of the aforesaid films would be given on payment of Rs. 60,000,00/-. Accordingly, the complainant paid a sum of Rs. 9,47,000/- to the accused persons, receipt of which was acknowledged by the accused persons. Subsequently, the complainant came to know that aforesaid distributorship has been given to some other person as the complainant was unable to pay the balance amount at the relevant point of time. Thereupon the complainant made request to refund Rs. 9,47,000/- to him, but the accused persons refused to refund the amount to the complainant and thereby it was alleged that the accused persons committed offences punishable under Sections 403, 406 and 420 of the Indian Penal Code.
(3.) The matter was taken up for enquiry. After holding enquiry, the learned Magistrate having found prima facie, case being made out under Sections 403, 406 and 420/34 of the Indian Penal Code, issued summon to the petitioners to face trial. That order is under-challenge in this Application.;