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G.PATRI BASAVANA GOUD
NEMICHAND SWAROOPCHAND SHAHA – Appellant
Versus
STATE PUBLIC PROSECUTOR – Respondent


G. PATRI BASAVANA GOUD, J.

( 1 ) SRI M. Marigowda, learned Additional State Public Prosecutor appears for the respondent.

( 2 ) HEARD on merits.

( 3 ) THE petitioners are being prosecuted for an offence under Section 420 of the IPC at C. C. No. 132 of 1992 on the file of the learned Judicial magistrate First Class, Ron. They are aggrieved with the impugned order, by which the process is directed against them.

( 4 ) ONE T. H. Raibhagi, Managing Director of a partnership firm, filed a complaint before the learned Judicial Magistrate First Class, Ron, under Section 200 of the Cr. P. O. alleging commission of an offence punishable under Section 420 of the IPC by the petitioners herein. The learned Magistrate referred the said complaint under Section 156 (3) of the Cr. P. C. to the jurisdictional police for investigation and report. On investigating into the same, the police have filed the charge-sheet for an offence punishable under Section 420 of the IPC, upon which, the learned Magistrate has taken cognisance and has issued summons by the impugned order.

( 5 ) THE very allegations of the complainant are these. On 29-2-1988, the petitioners purchased from the complainant-firm, sarees w




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