N. Chaudhury, J.

1. By this application under Section 482 Cr.P.C., the petitioner has prayed for quashment of a Complaint Case registered as C.R. No. 6/2010 under sections 415/418/420/120-B/34 I.P.C. of the Court of the learned Judicial Magistrate First Class, Dimapur. The brief facts involved in this case are stated thus:

The Opposite party/Complainant No. 2 Shri Amit Kumar Jain initially filed a Consumer complaint before the District Consumer Forum at Dimapur in the year 2009 which was registered as Case No. CFD-06/2009. In the said complaint, the complainant stated that the present petitioners had purchased plastic scraps on 13.06.2008 and the goods were delivered to them at Guwahati. But the present petitioners did not pay the agreed rate and sum of Rs. 70,000/- in all was not paid to the complainant by which they were served with legal notice on 27.06.2009 asking them for balance payment within 15 days. The notice remained un-responded and even an intervention of Industrial Entrepreneurs' Association and All Dimapur Scraps Owners' Association, failed to yield any result.

2. At paragraph 8 of the Complaint, the Opposite party No. 2 (the complainant) stated as below:

8. That the said CFD case has been withdrawn by the complainant which has been allowed by the Hon'ble President Consumer Disputes Redressal forum vide order dated 13/04/10 which is annexed herewith marked as Annexure-5.

It is also averred therein that the Opposite Parties No. 1 and 2 have not complied with the terms and conditions and have acted extremely negligently in attending the complaint of the complainant and that they are liable to compensate for the loss and injury caused to them.

3. In the prayer of the said Consumer complaint, recovery of Rs. 70,000/- as principal, Rs. 2,000/- as compensation and Rs. 230/- as cost of legal notice was claimed.

4. In course of the said consumer proceeding, the President of the District Consumer forum issued a warrant of arrest against the present petitioners on 04.09.2009. It appears that on being slapped with such non-bailable warrant of arrest, the present petitioners had rushed to this Court by W.P. (C) No. 153(K) 2009 and thereupon this Court by order dated 16.2.2010 set aside the order dated 04.09.2009 and thus non-bailable warrant of arrest ceased to exist. By the said order this Court left the parties at liberty to approach the Court below for redressal of their grievances. Thereafter, on 13.04.2010, the Opposite Party No. 2 (Complainant) withdrew his complaint unilaterally with liberty to file the matter in the appropriate Court. The said order was ex-parte one. Thereafter, by April 2010 the Opposite Party No. 2 as complainant has filed Criminal complaint before the learned Chief Judicial Magistrate, Dimapur on the same subject matter. In para 5 of the complaint it has stated as follows:

5. That the accused persons have cheated the complainant by withholding the payments thereby causing undue financial loss to the complainant and mental harassment with sole intention to cheat the complainant.

The complainant was examined by the learned Magistrate and thereafter, cognizance was taken under sections 415/418/420/120-B/34 I.P.C. on 19.04.2010. On being served with summons in the said case for appearing before the learned Magistrate, the petitioners have approached this Court under section 482 of the Cr.P.C. with prayer for quashment of the complaint.

5. I have heard Mr. C.T. Jamir, learned senior counsel for the petitioner and Mr. K. Wotsa, learned Public Prosecutor. None appears for the Opposite party No. 2.

6. The learned counsel Mr. Jamir argued that even if the statements made in the complaint are taken at face value, the same do not disclose the ingredients of Sections 415/418/420/120-B/34 IPC. Mr. Jamir had strenuously urged that except making a bald statement in paragraph 5 of the complaint that the accused persons have been withholding the money of the complainants and have cheated him, there is no other aver