- (1.) In these two petitions, the respective petitioners have sought for quashing the order dated 3.4.2012 passed by the VII Additional C.M.M., Bangalore, in PCR.No.6087/2012 referring the private complaint lodged by the 2nd respondent to the police for investigation. Therefore, both these petitions were heard together and are being disposed of by this common order.
(2.) Respondent No.2 filed a private complaint against the petitioners and another alleging offences punishable under sections 415-417, 420 r/w. 34 of IPC and sought for referring the complaint to the Police for investigation under section 156(3) of Cr.P.C. On presentation of the complaint, the learned Magistrate by the order impugned in these petitions referred the complaint to the Police Inspector, Malleshwaram P.S., for investigation.
(3.) The petitioners have sought for setting aside the order and also quashing the complaint inter alia on the grounds that the allegations made in the complaint do not make out any case and it relates to certain commercial transaction between the parties and allegations deal with only breach of certain terms of the contract which essentially lead to civil liability and that does not make out any criminal offence. Therefore, entertainment of the complaint by the jurisdictional Magistrate is without jurisdiction. It is also contended that there is total lack of application of mind by the learned Magistrate while referring the complaint to the Police for investigation, therefore, this has vitiated the order, as such, it is liable to be set aside and consequently, the investigation, if any, done pursuant to such reference is also liable to be quashed. Further, these petitions are filed challenging the order impugned on the ground of territorial jurisdiction.;