PRAKASH BACHRAJ JAIN Vs. MANI TEXTILE TRADERS

JUDGEMENT

(1.) THE petitioners have come forward with this petition seeking for the relief of quashing the proceedings initiated against them in C.C.No.267 of 2003 on the file of the learned Judicial Magistrate, Tiruchengodu.

(2.) THE learned counsel for the petitioners submitted that the petitioners have been arrayed as A-1 and A-2 and they have been implicated in this case on a private complaint preferred by the respondent herein for the alleged offence under Sections 420, 409 and 506 (ii) IPC and the case is pending in C.C.No.267 of 2003 on the file of the learned Judicial Magistrate, Tiruchengodu.

(3.) PER contra, learned counsel for the respondent vehemently contended that there are specific and definite allegations made in the complaint constituting the offence under Sections 409, 420 and 506 (ii) IPC. It is contended by the learned counsel for the respondent that there is a specific allegation in the complaint to the effect that the petitioners made a promise and representation to the complainant/respondent stating that they would make prompt payment to the supply of goods and thereby induced the respondent/complainant to part with his huge amount, but ultimately failed to pay the amount and committed the alleged offence of cheating and misappropriation. The learned counsel for the respondent would further contend that even for the offence under Section 506 (ii) there is specific allegation to the effect that the petitioners said to have threatened the complainant/respondent with dire consequences, when the complainant made the final demand on 04.10.2001 and as such the petitioners are also to be proceeded for the offence under Section 506 (ii) IPC.