1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1756 OF 2009 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Mahendra Sandhyanshiv for the petitioners. Ms. S.V. Gajare, A.P.P. for the State. CORAM : D.G. KARNIK, JJ. DATE : 18TH NOVEMBER 2009 P.C. : 1. Heard the learned counsel for the petitioners. 2. In my view, no case is made out for interference in exercise of extraordinary jurisdiction under Article 227 of the Constitution of India. 3. The petitioners are accused. A complaint 2 of cheating punishable under section 420 read with section 54 of the I.P.C. was filed against them. The complainant had alleged that the accused had bought from the market goods worth lacs of rupees from different persons without any intention to pay so as to cause wrongful loss to the creditors. Different cheques were issued to different vendors and they were dishonoured. Thereafter the accused fled away from their business place. On such complaint, the Magistrate sent the matter for investigation under section 202 of the Cr.P.C. The police could not trace the accused. The father of the accused was interrogated who also stated that he does not know the address of the accused. On perusal of the report, the Magistrate was prima facie satisfied that an offence has been made out and issued the process. The order directing issuance of process was challenged before the Sessions Court which dismissed the same. 3 4. The fact that the accused had purchased the goods, issued the cheques which were dishonoured and thereafter fled away from the city, the father of the accused also is not in a position to give their address, prima facie discloses criminal intention on the part of the accused. In my view, the Magistrate did not commit any error in issuing process. There is no merit in the writ petition which is hereby dismissed. (D.G. KARNIK, J.)