HEALERS INDIA Vs. GOVINDARAJULU NAIDU AND CO

JUDGEMENT

(1.) ACCUSED 1 to 3 in C. C. No. 9695 of 1990 in the file of xiii Metropolitan Magistrate, Egmore, Madras , have filed this petition under Sec. 492, Crl. P. C, praying to call for the records in the above case and quash the same.

(2.) SHORT facts are: The respondents have the private complaint against the petitioners for offence under Sec. 420, I. P. C. The allegations in it are briefly as follows: The accused firm owes to the complainant Rs. 1,852. 15 towards principal and interest for the goods delivered on 22. 7. 1989. The first accused firm issued a cheque on 20. 2. 1990 for Rs. 1,000. The complainant presented the cheque for payment and it was returned on 22. 2. 1990 with remarks "excess arrangement". The complainant sent notice on 19. 4. 1990 and 23. 5. 1990. The accused did not pay. The accused firm intended to cheat complainant''s firm. The act of issuing a cheque without funds amounts to cheating and is liable for punishment under Sec. 420, I. P. C. The accused have committed the offence. The accused purposely issued the cheque without sufficient funds with intention to cheat and deliberately deceived and defrauded the complainant and thereby caused grave damage and loss to the complainant''s firm for their commitments with others. Hence the complaint.