SHALINI PHANSALKAR JOSHI
Ruchitra Textiles Pvt. Ltd. – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
Shalini Phansalkar Joshi, J.—Rule. Rule is made returnable forthwith, by consent. Heard learned counsel for both the parties.
2. By this Writ Petition, Original Accused Nos.1 to 4 are challenging the process issued against them for the offence punishable under Section 420 r/w. 34 of IPC by the Court of Judicial Magistrate, First Class, Palghar in C.C. No.169/SW/2013. They had earlier challenged this order by preferring Criminal Revision Application No.22 of 2014 before the Additional Sessions Judge, Palghar. However, their Revision Application came to be dismissed by the Judgment and Order dated 26th August 2014.
3. Submission of learned counsel for the Petitioners is that the entire dispute involved in the present case is purely and simply of a civil nature. The allegations made in the complaint, even if taken at their face value, they do not constitute any of the ingredients of the offence of cheating. According to him, initially, even the Trial Court also, at the first blush, has observed that there is dispute regarding breach of contract. Subsequent thereto, the Trial Court has, after conducting inquiry under Section 202 of Cr.P.C., issued the process, but, as per lear
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