T.P. KARUNAKARAN Vs. PANNALAL RATHORE

JUDGEMENT

(1.) The petitioner, who is the 1stst accused in C.C.No.19 of 2007 pending on the file of Judicial Magistrate No.III, Salem, has come forward with this petition seeking to quash the said complaint.

(2.) The petitioner states that he is the 1stst accused in C.C.No.19 of 2007 on the file of Judicial Magistrate No.III, Salem, for the alleged offence punishable under Section 420 of I.P.C. read with 34 IPC and 2nd accused is the 2nd respondent herein. The petitioner states that he is the Garment Exporter and doing business at New Delhi; he do not have any transaction with the complainant, who is the 1stst respondent herein.

(3.) According to the complaint lodged by the 1stst respondent herein, he was having business transaction with the 2nd accused/2nd respondent herein and in that connection, the 2nd accused agreed to pay Rs.8 lakhs as compensation in respect of cancellation of the order placed by him with the 1stst respondent herein; accordingly, the 2nd respondent/2nd accused gave cheque dated 30.05.2006 drawn by the petitioner/1stst accused to the 2nd respondent/2nd accused and the same was allegedly made over by the 2nd respondent/2nd accused to the 1stst respondent/complainant, in connection with the business transaction between them, with due endorsement by the 2nd respondent/2nd accused in favour of the complainant/1stst respondent herein.