V M SHANMUGA SUNDARAM Vs. MARGABANDHU

JUDGEMENT

(1.) THE accused concerned in Crime No.85 of 1990 of Vellore South Police Station has filed this petition under Sec.482 of Criminal Procedure Code praying to call for the records in the above case and to quash the same.

(2.) SHORT facts are as follows: The respondent has filed a private complaint against the petitioner for offence under Sec.420 of Indian Penal Code before the Chief Judicial Magistrate, Vellore. The learned Magistrate had directed investigation by Police under Sec.156(3) of Criminal Procedure Code. Thereafter, the respondent Police had registered the case in Crime No.85 of 1990. To quash the same, the petition is filed.

(3.) MR.M. Karpagavinayakam, the learned counsel appearing for the petitioner, would submit that according to the allegations made in the complaint, the cheque was issued towards the final settlement of fees, at the time when the complainant pressed for settlement of fees and if that is so, it was a past debt for which the cheque was issued and if it was dishonoured, no offence under Sec.420, I.P.C. is made out. He would further submit that the arrangement to obtain a certificate from the High Court has nothing to do with the issuance of the cheque. I have heard MR.Raja, the learned Government Advocate on the above aspects. I have carefully considered the submissions made by the learned counsels. To consider the submission made by MR.Karpagavinayagam, certain allegations made in the complaint need extracted. In the complaint it is alleged as follows: