L P LOGANATHAN Vs. M SYED ABUTAHIR

JUDGEMENT

(1.) (Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records relating to the criminal proceedings in C.C.No.781 of 2005, on the file of the Judicial Magistrate-I, Erode and quash the same). This petition has been filed to quash the proceedings pending against the petitioner herein in C.C.No.781 of 2005, on the file of the learned Judicial Magistrate-I, Erode, for an offence under Section 420 IPC.

(2.) THE learned counsel appearing for the petitioner submitted that the facts stated in the complaint constituted an offence under Section 420 IPC. THE learned counsel further submitted that it is alleged in the complaint only that on 14.05.2005, the petitioner purchased the goods worth about Rs.22,306/- and the goods were delivered on 14.05.2005 and the petitioner herein made an undertaking to pay the value of the goods within 24 hours. It is further averred in the complaint that the complainant sent his staff Sivakumar to collect the amount, but the amount was not paid, which necessitated the respondent to issue a demand notice and it was replied by the petitioner.

(3.) THE learned counsel appearing for the petitioner relied on the decisions of the Honourable Supreme Court reported in Uma Shankar Gopalalika v. State of Bihar and another ((2005)10 SCC 336), wherein it has been held that "it is well settled that every breach of contract would not give rise to an offence of cheating and only in those cases breach of contract would amount to cheating where there was any deception played at the very inception. If the intention to cheat has developed later on, the same cannot amount to cheating. In the present case it has nowhere been stated that at the very inception there was any intention on behalf of the accused persons to cheat which is a condition precedent for an offence under Section 420 IPC."