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Gauhati High Court · body

2016 DIGILAW 914 (GAU)

Pinki Barman & Anr. v. Mona Gowala

2016-10-04

AJIT SINGH

body2016
Heard on admission. In the present petition filed under Section 482 of the Code of Criminal Procedure, the petitioners have prayed for quashing of order dated 17.11.2015 passed by the Judicial Magistrate, 1st Class, Kamrup (Metro) in C.R. Case No. 2258/15. By the said order, Complaint Case filed by the respondent against the petitioners has been registered for an offence under Section 420/34 of the Indian Penal Code and summons have been issued to them. In the complaint, respondent has alleged that on 15.9.2014, the petitioners cheated her by Rs. 3.40 Lakhs. According to her, the petitioners induced her to give them Rs. 3.40 Lakhs on a false pretext and an assurance that they would return the amount within 8 months, but they have refused to do so despite repeated requests. Along with the complaint, the respondent has also filed document to show that petitioners had taken Rs. 3.40 Lakhs from her. During the course of argument, on my asking to the learned counsel for the petitioners, whether the petitioners have any intention to return the amount to respondent, he could not give any positive reply. It is, thus, apparent that petitioners never had any intention to return Rs. 3.40 Lakhs to the respondent. Also on perusal of the complaint as well as the evidence of complainant, I find ample evidence justifying registration of offence under Section 420/34 of the Indian Penal Code against them. I, therefore, find no good ground to interfere with the impugned order. The petition is accordingly dismissed summarily.