NAVANEET ROHATGI Vs. STATE

JUDGEMENT

(1.) The petitioner, who is the accused in C.C.No.261/2003 pending on the file of the Judicial Magistrate No.II, Poonamallee, has filed this petition, to quash the above said case, since there are no materials of any kind, to proceed further.

(2.) The learned counsel Mr. A. Jeenasenan appearing for the petitioner/accused submits that the allegations in the case do not attract the ingredients of cheating, that no particulars have been given regarding the payment already made by the accused company to the complainant, which would go to show, that there was no intention at the inception, to cheat the complainant, that the nature of allegations levelled against the petitioner would show, that it is a civil dispute, whereas an attempt is made to convert the same as criminal offence, that this case is filed with a mala fide intention and that is why there is an inordinate delay in preferring the complaint. On the above said grounds, an attempt is made to quash the entire proceedings.

(3.) Per contra, the learned Government Advocate Mr. A.N. Thambidurai would contend, that the complaint, which was followed by a final report, preceded by the statements recorded under Section 161(3) Cr.P.C. revealed the fact that there was an intention or mens rea, as the case may be, to cheat the complainant, even at the inception and to that effect, materials are also available, and if that is not contradicted or repudiated, then it will lead to conviction under Section 420 I.P.C. Under the above said circumstances, the question of quashing the proceedings, is beyond the scope of Section 482 Cr.P.C. Only in this context, we have to see the allegations or the averments in the compliant, as well as the supportive materials, just to satisfy, whether the allegations as such available, are prima facie in nature, to implicate the accused. It should not be the endeavour of this Court, at this stage, that too under Section 482 Cr.P.C., to find out whether the averments or allegations supported by other materials would support the conviction or sustain for a conviction, etc. If prima facie case is made out, then stalling of further proceedings should be avoided and the case should reach the natural legal destiny and preventing the same alone, would amount to injustice.