MOHAMED ASGAR Vs. STATE

JUDGEMENT

(1.) THE petitioner herein seeks to call for the records relating to the proceedings pending against him in C.C. No.262 of 2005 on the file of Judicial Magistrate No.1, Pondicherry, and quash the same.

(2.) IN a business transaction, the petitioner purchased steel rods worth Rs.11,64,937-68 between 22.10.2002 and 02.11.2002. A sum of Rs.3,97,833/- was paid, leaving a balance of Rs.7,67,055/-. Cheques were issued for payment of the balance amount and on presentation, the same were dishonoured with the endorsement 'insufficient funds'. Subsequently, an agreement was entered into between the complainant and the petitioner. The petitioner did not honour his part of obligation and failed to settle the outstanding, resulting in filing of a private complaint and the learned Magistrate directed the first respondent-police to register the case and investigate into the matter. After conclusion of the investigation, the first respondent filed final report under Section 420 IPC.

(3.) LEARNED counsel appearing on behalf of the Public Prosecutor, Puducherry, states that investigation was taken up by the police as per the direction of the learned Magistrate and on conclusion of the investigation, the name of the second accused who stood as a Mediator had been deleted and only as against the petitioner, final report has been filed for the offence under Section 420 IPC. He fairly submits that there is no material available to constitute the offence under Section 506(ii) IPC.