RAJENDRA LAXMAN GODIWADDAR Vs. VIJAYAMALA

JUDGEMENT

(1.) In this petition filed under Sec. 482 of Cr.P.C, petitioner who is complainant before the trial Court, is seeking quashing of order dtd. 9/1/2014, in Criminal Revision Petition No.338/2012, on the file of VII Additional District and Session Judge, Belagavi, sitting at Chikkoddi, reversing the order dtd. 31/3/2011, passed by the Civil Judge and JMFC, Nippani, in PC No.82/2008, taking cognizance against the respondents for the offence punishable under Ss. 409 and 420 of IPC. After taking cognizance it was registered in C.C. No.209/2011.

(2.) It is the case of the petitioner that he entered into a contract dtd. 7/10/2003 with respondent Nos.1 and 2 in respect of cutting and transporting of sugar cane. Respondent Nos.1 and 2 advanced Rs.50,000.00 and collected two blank chques by way of security to fulfill the obligation. He carried out the work to the tune of Rs.35,167.00 and only balance of Rs.14,833.00 was due. The factory was closed by respondent No.1 and 2 on account of financial difficulties and as such, petitioner could not fulfill his obligation.

(3.) After due service of notice respondent Nos.1 and 2 have appeared through counsel. Respondent No.3 is also duly served. Respondent No.4 which is State is a formal party represented by learned High Court Government Pleader.