1 5440.10-appln IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION APPLICATION NO.5440 OF 2010 Mrs.Yasmin Abdul Mohamed Virani ..Applicant Vs. Mr.Hamza Hussain Chitalwala & Anr. ..Respondents Mr.Subodh Desai for the applicant. Mrs.R.V.Newton, APP for respondent State. CORAM : K.U.CHANDIWAL,J. DATE : SEPTEMBER 2, 2011 PC. Heard learned Counsel for the accused applicant. Respondent No.2 – original complainant served. Perusal of the complaint illustrates that the basic ingredients formulating Section 415 of the Indian Penal Code are not to be seen. The learned Judge has issued process by order dated 28th October, 2010 for the offence punishable under Section 420 of the Indian Penal Code. Though several sections were incorporated in the complaint, in the light of process referred to above, the matter will have to be restricted to the scenario. The controversy basically is of civil nature. Parties are at loggerhead before several authorities. The conclusion from any corner does not address an element of cheating from or at the behest of the applicant to the respondent original complainant to induce him to part with movable or immovable property or playing a deception. Considering this aspect, the prosecution against the petitioner being Case No.CC/99/SW/2010 pending before the Metropolitan Magistrate, 15th Court Mazgon, Mumbai is quashed and set aside. Petition allowed. (K.U.CHANDIWAL,J.)