The offence of cheating under Section 420 of the Indian Penal Code requires proof of a dishonest or fraudulent intention on the part of the accused at the time of the representations.

1. - A criminal case No. 543/77 against Shivcharan Lal, Madan Lal and Anand Prakash is pending in the court of Munsif and Judicial Magistrate 1st Class, Beawar. The accused- petitioners have come to this Court with a prayer that the criminal proceedings pending before the learned Magistrate be quashed. These two petitions arise out of the same case and, therefore, can be conveniently disposed of by a single order. To dispose of these petitions, some facts need be stated, which are as follows.

2. Shivcharan Lal accused-petitioner along with two other Gopal Prasad son of Madanlal and Hari Prasad son of Kishorilal constituted a partnership firm M/s. Srigopal Dal Mills at 142-A, Mahant Building, Rampura, Delhi. The partnership came into existence on 181-1973. A complaint was filed against the accused-petitioners and one Gopal on February 23, 1974 by Ratanlal, a partner of M/s Chattar & Co., Beawar under Sections 420, 406 and 120B Indian Penal Code with the allegations that Shivcharan and Anand Prakash came to Beawar on or near about December 15,1973 and assured the complainant that they have a big Dal Mill at Delhi and wanted to purchase pulses at Beawar from the firm of the complainant. They represented at Beawar that the goods should be sent through trucks along with the Munim of the complainant and the price of the goods shall be paid to the Munim. Believing the representation of the accused- petitioners bhivcharan and Anand Prakash Chattar & Co., Beawar despatched a consignment of 100 bags of Moong on January 10, 1974 in truck No. HRH 8921 and the credit memo of Rs. 21,506/-being the price of 100 bags of Moong was also sent through Kanwarlal Lodha Munim of M/s Chattar and Co. Again, on January 11, 1974, a consignment of 100 bags of Moong was sent through truck No. RSM 6461, & the goods receipt was prepared in the name of the seller. A credit memo of Rs. 22,579/- was also sent through Shri Shantilal Lodha. It was instructed to Shantilal Lodha that in case the price of consignment sent on 10-1-74 was paid, only then the consignment of 100 bags of Moong sent on 11-1-74 should be delivered to the accused persons. Both the consignments were delivered at Delhi on the representation of the accused persons that they will make the payment of the price through draft the next morning. But the payment was not made and even after a request the amount was not paid According to the averments of the complaint, the intention of the accused persons, Shivcharan and Anand Piakash, at the time when they came to Beawar was not to make the payment of the price and the intention of the accused persons at Delhi was also the same. The learned Magistrate forwarded the complaint under Section 156(3), CrPC and a case was registered at P.S. Beawar. After investigation, a final report was submitted in the case by the Investigating Officer on August 31, 1974 on the ground that the case was of a civil nature Perhaps, that final report was not accepted and the investigation was re-opened on October 14, 1974 by the Additional S.P., Beawar. Nothing substantial happened for a few years, and it was only on December 31, 1976 that Madan Jal accused was arrested and was released on bail on January 4, 1977 After investigation, a charge sheet was filed against the accused-petitioners and Gopal was added as accused (2) in the complaint and was shown as an absconder.

3. The learned Counsel for the petitioners have made two fold submissions. Firstly, it is contended that the offence of cheating under Section 420 Indian Penal Code was complete at Delhi, and therefore, the courts at Beawar had no jurisdiction Secondly, it is submitted that even taking the allegations of the complaint, the charge sheet and the other documents submitted there with at their face value, it is only a case of civil nature and no criminal offence is made out against any of the accused-petitioners.

4. Under Section 177 CrPC, every offence ordinarily has to be enquired into and tried by a Cour