ABDULSALAM Vs. MUHAMMADALI

JUDGEMENT

(1.) This is a petition to quash the complaint. Petitioners are the accused 1 and 2 The respondent (complainant) filed the complaint before the Judicial Magistrate of the First Class, Payyannoor as C. C. 12 of 1992 alleging that A1 had told complainant that he has a property at Peringom for sale, that the complainant, A1 and A2 went to the property, that after inspecting the property complainant agreed to purchase the property for Rs. 6,00,000/-, that Rs. 100/- was paid as advance, that he went to Abudabi and from there he sent draft in the N. R. I. account for Rs. 6,58,823/-, that he issued two cheque to A1 and that A1 had drawn the cheque amount. It is the specific case of the complainant that the property was purchased in the name of A1 and thus he committed offences under S.403, 405, 406 and 420 read with S.34 of the I. P. C.

(2.) The learned Magistrate took cognizance of the case. Contention of the accused is that no prima facie case has been established against them and on a plain reading of the complaint it is apparent that offences alleged against them have no basis. Learned counsel for the complainant submitted that a reading of the complaint and the sworn statement disclose sufficient material for the Court to take cognizance and as the Court has taken cognizance it is futile to contend that the complaint has to be quashed.

(3.) In Para.5 of the complaint sufficient details are mentioned as regards the case set up by the complainant against the accused. Specific reference is made to the cheques sent by the complainant to A2 to be paid to A1. Though it may be possible for the accused to raise contentions to prove their Innocence, the availability of the defence is not a matter to be considered at the stage when the Court has to decide whether to complaint has to be quashed. In a case where the Magistrate takes cognizance of a case, accused cannot rush to the High Court with the contention that he has several defences available and in view of it the complaint will have to be quashed. Under S.482 Cr. P. C. this Court need only consider whether the allegations in the complaint and sworn statement disclose any offence. In an application filed under S.482 Cr. P. C. the allegations in the complaint need alone be considered and at that stage the truth or falsity of the allegations is not relevant. Any investigation as to whether the allegations are correct or incorrect does not arise at this stage. In other words, whether the allegations are true or not do not come under scrutiny in a petition under S.482 Cr. P. C. The prime function of the Court is to consider whether the allegations on the face of it would constitute any offence. Besides, High Court can interfere on other circumstances also.