K NEELAKANTAN Vs. T K ADIMOOLAM

JUDGEMENT

(1.) This is an application under S.482 of the Cr.P.C. for quashing the prosecution in C.C. No.49 of 1985 on the file of the Chief Judicial Magistrate, Chingleput. The facts of the case are briefly as follows:

(2.) The petitioner-accused in the case before the lower court is the proprietor of one Neilgan Agencies manufacturing grinders in the trade name Janee Grinder. According to the complainant, the accused after receipt of a sum of Rs.25,000/- from the complainant on behalf of his son's firm Ravi and Co., delivered eight grinders to Ravi and Co., on 24th Mar. 1982 and 11th June 1982 through his clerk and agent Rajendran. The said grinders were not sold and the complainant respondent pressed for the return of the money advanced, since the business was wound up. Seven days prior to 24th Mar. 1983 the petitioner met the respondent at Chingleput District Court canteen and represented to him that he will take back the available six grinders and pay a sum of Rs.11,000/- ten days later after delivery. The respondent bona fide believed the representation and delivered the grinders to the clerk of the petitioner, Rajendran. The respondent had been asking for the return of the amount and after eight months the petitioner herein gave a crossed cheque for Rs.5,000/- on 28th May 1984 as part payment of the amount payable promising to pay the balance later. The respondent presented the crossed cheque for Rs.5,000/- for encashment at Bank of Baroda on 25th May 1984 and the same was dishonoured for want of funds in the account.

(3.) It is specifically alleged in the complaint made by the respondent in the above criminal case, that the petitioner made false representation with the dishonest intention of not paying the value and with avowed object of defrauding the complainant, induced the complainant to deliver six grinders as stated above. It is also stated that the respondent would not have parted with six grinders, but for the false and fraudulent representations of the petitioner that he would make the payment of the abovesaid amount. It is also stated that the respondent lodged a complaint before the police and the same was referred as one of civil nature and on service of the notice of referred charge sheet the respondent herein preferred a private complaint in CC. No.49/1985 which is pending before the Chief Judicial Magistrate,. Chingleput. The present petition is to call for the records and quash the proceedings against the accused-petitioner.