ABRAR AHMED Vs. STATE REPRESENTED

JUDGEMENT

(1.) The petitioners who are accused 1 and 2 seek to quash FIR in Crime No.501 of 2005 on the file of the 1st respondent for alleged offences under Sections 420, 465, 471, 468 r/w. 120(b) IPC.

(2.) The petitioner 1 and 2 are father and son. The 1st petitioner is the proprietor of M/s. Tropical Exports and is dealing in the business of purchase and sale of unclaimed and uncleared goods. Twenty sets of windmills of 20 KW capacity had remained uncleared with the customs authority since 1996 and in an auction conducted on 20.12.2003 for sale thereof, A1 purchased the same. He had paid a sum of Rs.2,50,000/- as advance. The auction has been conducted by the custodian (M/s. Sanco Trans Ltd.) and the balance was payable after the Commissioner of Customs confirmed the same. On receipt of confirmation letter dated 23.12.2003, A1 approached various parties towards effecting sale of the windmills as the items were huge and were difficult to store in any godown. The 2nd respondent/complainant was one of such persons approached and the letter of communication dated 23.12.2003 issued by the custodian was shown to him.

(3.) The 2nd respondent/complainant caused inspection of goods by his personnel and quoted Rs.1,60,00,000/- as sale price and on further negotiation, the consideration was arrived at Rs.1,30,25,000/- on 22.03.2004.Under letter dated 06.04.2004, the 2nd respondent/ complainant accepted the offer and issued a post dated cheque dated 08.04.2004 for Rs.25,00,000/-.The 2nd respondent/complainant addressed another letter dated 10.04.2004 referring to the offer of A1 for sale of windmills at a price of Rs.1,30,25,000/- and to the advance of Rs.25,00,000/-paid by him. Along with such letter the 2nd respondent/ complainant enclosed two cheques dated 12.04.2004 and 28.04.2004 respectively for sums of Rs.83,00,000/- and Rs.23,55,250/-.The cheque of Rs.83,00,000/- was duly honoured on presentation. The other cheque was returned for the reason 'payment stopped. The 1st petitioner caused a legal notice on 03.05.2004 informing of possible action under Section 138 of the Negotiable Instruments Act. On receipt of such notice, the 2nd respondent/complainant entered into further negotiation with the 1st accused, as a result of which the same price was reduced by Rs.20,00,000/-.In keeping with such new agreement, the 2nd respondent/complainant issued two letters dated 06.05.2004, informing under one that the previous offer has been superceded and accepting the revised offer and under the other effecting payment of a sum of Rs.3,35,250/- towards final settlement.