Cheating allegations in business transactions require trial where liquidation facts were allegedly suppressed and liability disputed.

Allegations that the accused suppressed the company's liquidation, misrepresented its financial soundness, and induced business dealings were found sufficient to require trial rather than quashing at the threshold. The Court held that the plea of a purely commercial dispute and absence of cheating ingredients could not be accepted without examining evidence, especially where outstanding liability and cheque-related allegations were also raised. Pending proceedings under the Negotiable Instruments Act supported the view that the complaint disclosed triable issues. The criminal complaint was therefore not quashed, though personal appearance was dispensed with considering the petitioners' age.

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Issues: Whether the criminal complaint alleging cheating and common intention against the petitioners, arising out of business transactions and alleged suppression of liquidation proceedings, should be quashed.

Analysis: The allegations disclose that the petitioners allegedly entered into business dealings by suppressing material facts regarding the company's liquidation and by making representations about its financial soundness. The Court noted that the complaint also alleged outstanding liability and a cheque-related dispute, and that the question whether the business transactions continued after liquidation by suppressing that fact involves appreciation of evidence. The contention that the matter was purely commercial and that the ingredients of cheating were absent was held to require trial, not quashing at the threshold. The Court also observed that related proceedings under the Negotiable Instruments Act were pending and that the petitioners' cited decisions did not assist them on the facts.

Conclusion: The complaint was not liable to be quashed and the petition was dismissed. The petitioners were, however, granted dispensation from personal appearance considering their age.

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