PONNUSAMY SELVAMANI Vs. STATE

JUDGEMENT

(1.) (Petition under Section 482 of the Code of Criminal Procedure.) This petition has been filed to call for the records in connection with F.I.R. in Crime No.1307 of 2005 on the file of first respondent and to quash the investigation.

(2.) PETITIONER, who is the proprietor of "Amarnath Valmy", which is functioning in Paris, is accused in Crime No.1307 of 2005 on the file of first respondent police, for the offences under Sections 420 and 409 IPC, on the basis of a complaint lodged by the second respondent/de facto complainant, who is running M/s. Kaarthikai Trading Company in Erode.

(3.) THE quintessence of the contention of Mr.T.Murugesan, learned Senior Counsel for the petitioner, is that in the absence of necessary allegations as to attract the provisions of Sections 420 and 409 IPC in the F.I.R., it has to suffer quashment. It is also argued by him that it is not sufficient to show at the fag end of the transaction that there was intention on the part of the petitioner to cheat the de facto complainant, but the mala fide intention, if any, should be alleged and established from the inception, otherwise, no offence could be made out under Section 420 IPC. He also draws attention of this Court to various portions of the F.I.R., in which, according to him, only at the later point of transaction, the dishonest intention has been alleged by the respondent and since such allegation does not find place in the complaint as if it occurred at the beginning of the contract, the complaint loses its value.