TAMBRAPARNI CONTAINERS P. LTD. Vs. A.P. VARGHESE

JUDGEMENT

(1.) The petitioners are the accused in C.C.No.474 of 2009 on the file of the learned Chief Judicial Magistrate No.I, Puducherry. This is a case instituted on the private complaint preferred by the respondent. The learned Magistrate has taken cognizance on the said complaint of the offences under Sections 406, 420 read with Section 34 IPC. The petitioners have already made appearance before the lower court. Now, they are before this Court, seeking to quash the said case.

(2.) The facts of the case would be as follows:-

(3.) According to further recitals, the period of lease hold occupation was scheduled to be commenced from 14.04.2008. It is also stated that the respondent paid a sum of Rs.1,00,000/- on 27.02.2008 towards part- satisfaction of the interest free security deposit, as enshrined in the draft lease agreement. The second instalment to the tune of Rs.2,19,875/- was paid on 05.03.2008. The third instalment of Rs.3,19,875/- could not be paid on 14.04.2008 in terms of the agreement, because respondents 2 and 3 were not available to receive the amount. Thereafter, it is stated that the respondent sent a cheque bearing No.122174, dated 14.04.2008 drawn on State Bank of Trivancore, along with a letter, dated 14.04.2008, informing the accused about the efforts the respondent had taken to pay the balance of interest free security deposit, through courier service, on 14.04.2008 itself. But the cheque was rejected by the petitioners and thus, the third instalment was not realised by the petitioners.