SINDHU S. PANICKER Vs. A. BALAKRISHNAN

JUDGEMENT

(1.) This petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') to quash the proceedings initiated against the petitioners on the basis of Annexure-1 complaint.

(2.) The first respondent (hereinafter referred to as 'the complainant') filed Annexure-1 complaint against the petitioners. On the basis of the allegations in the complaint, learned Magistrate has taken cognizance of the offence punishable under Section 420 read with 34 I.P.C. The petitioners are the first and the second accused in the case.

(3.) The material averments in Annexure-1 complaint are as follows: The complainant and the accused were family friends. On 02.04.2007, both the accused approached the complainant and requested him to lend them Rs.1,85,000/-. They assured the complainant that they would repay the amount on 16.05.2007 and that they would issue a post-dated cheque to him so that he could encash it on that date. The complainant believed the accused and told them that he would give them the amount on 10.04.2007. The accused came to the house of the complainant on 10.04.2007 and the first accused received the amount of Rs.1,85,000/- from the complainant and gave him a cheque dated 16.05.2007, drawn on Canara Bank, for that amount. The entire transaction was witnessed by Sri.Sushit, a common friend of the complainant and the accused.