ALAPPATTI SRINIVASA RAO Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the accused in C.C.No. 429/2005, on the file of the Judicial First Class Magistrate Court-II, Kochi. The offence alleged against the accused is punishable under Section 420 of the I.P.C. The case was instituted based on a complaint filed by the Additional 2nd respondent, Mr. Vijayakumar, against the accused alleging that the accused had agreed to supply three loads of chillies on 11-04-2003. On the basis of that agreement, the additional 2nd respondent had paid Rs.5,00,000/- (Rupees Five Lakhs Only) by way of D.D.No. 489935 drawn on Vysya Bank as advance on the same day. The allegation in the complaint is that the accused had not supplied chilly contrary to the agreement and thereby committed offence punishable under Section 420 of the I.P.C.

(2.) After investigation, the Police filed Final Report before the trial court alleging offence punishable under Section 420 of the I.P.C. The accused has been conducting business under the name and style, M/s.Sravan Kumar Traders, Eluva Bazar, Gundoor, in Andra Pradesh. He is hailing from Andhra Pradesh. On a perusal of the Final Report, the learned Magistrate took cognizance of the offence under Section 420 of the I.P.C. and issued summons to him. Pursuant to the summons, the accused entered appearance before the trial court. He was initially released on bail. After having heard both sides, the learned Magistrate framed charge against the accused for the offence under Section 420 of the I.P.c. Challenging the afore said charge, the accused is before this Court in revision.

(3.) Heard Sri. S. Rajeev, learned counsel for the Revision Petitioner, Sri. M.S. Breez, learned Senior Public Prosecutor for the 1st respondent, and Sri. N.M. Madhu, learned counsel for the additional 2nd respondent.