ORDER :

Leave granted. This appeal has been preferred against judgment and order dated 22nd September, 2014 of the High Court of Judicature at Bombay in Criminal Writ Petition No. 1040 of 2014. By the said order, the High Court declined to quash proceedings against the appellants under Section 417 read with Section 34 I.P.C. while quashing proceedings under Section 420 I.P.C.

2. Respondent No.1-complainant filed the impugned complaint dated 17th February, 2009 in the Court of Additional Chief Metropolitan Magistrate at Mumbai being Criminal Case No. 60/SW/2009 stating that the complainant was having business of export, import, stockiest and dealers of pipes etc. The accused approached the complainant for the engineering works and on 16th June, 2008, the accused gave a letter of proposed requirement of pipes. This was followed by letter of intent dated 16th June, 2008. Thereafter, the accused gave manufacturing clearance on 31st July, 2008. Though the complainant had a policy not to accept any order without initial deposit of letter of credit and asked the accused to deposit the initial amount or give letter of credit, but the accused with mala fide intention undertook to provide lett