1. Petitioner is a Private Limited Company with its place of business at Bhilwara, Rajasthan. This petition has been filed through Sh. Chand Mal and Smt. Prem Devi Sirohiya W/o Chand Mal Jain invoking the inherent jurisdiction of this court under section 561-A Cr.P.C for quashment of the criminal proceedings initiated on the complaint of the respondent by the Chief Judicial Magistrate, Kathua. On the complaint filed by the respondent for the alleged commission of offences under section 415 RPC, 418 RPC, 420 RPC and 34 RPC, the trial court has passed the impugned order dated 26th August,03 summoning the petitioners to face the trial before him. Aggrieved of the initiation of the criminal proceedings, petitioners have approached this court seeking quashment of the same.

2. Petitioners have been accused of commission of offence of cheating. The trial magistrate has passed the speaking order. The facts as notified by the trial magistrate in its order are reproduced hereunder:-

"The allegations on the complaint are that accused no. 2 and 3 who are Directors of the accused no. 1, a private limited company, with common criminal intention dishonestly and fraudulently induced the complainant

Click Here to Read the rest of this document