S MUTHU KUMAR Vs. STATE

JUDGEMENT

(1.) The accused concerned in Cr. No. 404/91 of the respondent Police Station has filed this petition under Section 482 Cr. P.C. Praying to call for the records in the above case and quash the same.

(2.) Short facts are :- One Devadoss gave the First Information Report before the respondent Police. The allegations in it are briefly as follows : - The complainant is doing business under the name and style of Devadoss Family Aid Corpo ration at Tirunelveli. On 3-4-1991, the accused purchased goods for a sum of Rs. 68,224.00. In spite of the fact that he had not arranged for payment of as much amount, he issued cheque on 3-4-91, post dating it as 3-6-1991. Because of the false representation that the cheque will be honoured in due course, the complainant gave him goods on credit basis on 3-4-91. Thus the accused has fraudulently and dishonestly in duced the complainant to deliver goods to him on the pretext of issuing the said cheque knowing fully well that cheque will not be honoured. The accused has committed an offence punishable under Section 420 I.P.C. This first Information Report given by the said Devadoss was regis tered in Cr. No. 404/91 of the respondent Police Station for offence under Section 420 I.P.C. To quash the same, this petition is field.

(3.) Mr. Kanagasabhai, learned counsel ap pearing for the petitioner, would submit that purchases were made on credit basis and the post dated cheque was issued and in the circum stances, no offence under Section 420 can be spelt out and the registration of the case for offence under Section 420 I.P.C. is not correct and liable to be quashed.