LATHA Vs. STATE

JUDGEMENT

(1.) This criminal original petition has been filed under Section 482 of Cr.P.C., praying to call for the records in C.C.No.328 of 2009 on the file of the Judicial Magistrate No.1, Madurai and quash the same.

(2.) It is averred in the petition that the petitioners have been charge sheeted for the offence under Section 409 and 420 of I.P.C. alleging that the petitioners, who had been purchasing textile from the second respondent/defacto complainant failed to pay the purchase money of Rs.1,27,295/- under various bills and though the petitioners executed an agreement on 21.03.2007, agreeing to pay the said sum, has not paid the amount. Therefore, the petitioners committed offences under Section 409, 415, 420 read with 120(b) of IPC.

(3.) The learned counsel for the petitioners contends that commercial civil transaction has been converted into a criminal case and the offences as alleged in the charge sheet are not made out and therefore, the proceedings as against the petitioners are liable to be quashed.