N KARUPPASAMY Vs. M SHANMUGAM

JUDGEMENT

(1.) The petitioners seek to quash proceedings in C.C.No.177 of 2007 on the file of the learned Judicial Magistrate Court I, Erode.

(2.) In such case, the petitioners stand accused of offences under Sections 420 and 468 IPC. An agreement was entered into between the 1st petitioner and the respondent/complainant, whereunder, the 1st petitioner agreed to fell trees and transport the same to the respondent/complainant. A total sum of Rs.5,00,000/- had been paid on two different dates by the respondent/complainant to the 1st petitioner. A further sum of Rs.20,000/- was forwarded through the respondent/complainant account at Erode to the 1st petitioner towards transport expenses, on the representation of the 3rd petitioner that on receipt of the sum, the timber would be sent to the respondent/complainant. Neither the timber has been forwarded to the respondent/complainant nor had the amount paid by him been repaid.

(3.) The respondent/complainant has informed that in a panchayat held in the presence of elders, the 1st petitioner undertook to repay the entire sum and issued two cheques for Rs.1,00,000/- and Rs.1,40,000/- respectively on 06.01.2007 and 16.01.2007. The 1st petitioner undertook to repay the remaining sum of Rs.2,80,000/- before the first week of February 2007. On presentation, the cheques were returned unpaid and on causing enquiry, the respondent/complainant was informed that such cheques were issued by the 1st petitioner on an account held by his wife, the 2nd petitioner and that paper publication has been made in the Tamil daily 'Dinathanthi' on 04.01.2007 to the effect that his wife had lost the cheques while travelling in a bus. Such paper publication was shown to the respondent/complainant. It is only then that the respondent/complainant came to know that he had been defrauded.