ORDER :

1. On the scrutiny of the statements made by P. Ws. 1 and 2 both in the Chief and cross-examinations, the lower Court satisfied that the accused are liable to be charged under Section 420 IPC as it satisfied with the existence of prima facie case against the accused under Sec. 420 IPC. Admittedly, the complainant has paid money in two instalments of Rs. 30,000/- each. When the registration has not yet been done they filed a suit against the company and A-1 for the recovery of the amount with interest and damages. In that suit, an application for attachment before judgment was filed and it was dismissed on merits in the month of May, 1986. A complaint has been filed in October, 1986. It is contended that it is not a case of cheating. Admittedly, the amount has been paid and A-2 issued two receipts. The part played by A-2 is there. So far as A-3 is concerned, there is nothing to point out that she is connected with any of the transactions except she being a Director. When there is a sleeping Director, we cannot say that she made this plea to induce the complainant to part with money. When another Director Shafiulla is there, admittedly he is not chosen to implead as an accuse