E MUNUSAMI Vs. C MANI

JUDGEMENT

(1.) THE petitioner against whom the respondent has filed a Complaint for an offence under section 418, Indian Penal Code now pending before that Judicial II Class Magistrate, Saidapet, Madras as C.C.No.2032 of 1983 invokes the inherent powers of this Court under section 482, Criminal Procedure Code, to quash the above proceedings.

(2.) THE Complaint is on the allegation that the petitioner and the respondent entered into an agreement for the construction of the ground floor of the premises in 198, M.T.H.Road, Padi, Madras. THE agreement was written and was dated. 2.9.1981. THE construction was Completed as per the terms of the agreement. THEreafter an oral agreement, was entered into between the petitioner and the respondent, wherein it was agreed that the respondent should construct the first floor, balcony etc on certain specified rates which are mentioned in the complaint. THE above work was carried out. Out of the total charges of Rs.30,760 payable to the respondent as per the contract entered into between them, the petitioner paid only a sum of Rs.23,750. THE balance of Rs.7,010 remained to be paid and ultimately the petitioner refused to pay the same. According to the respondent the petitioner had cheated him and had, therefore committed an offence under section 418,| Indian Penal Code. THE above Complaint is now sought to be quashed.

(3.) ADDED to these ingredients, the additional element of cheating a person, whose interest one was bound by law or legal contract to protect has to be present for the aggrieved form of cheating under S.418, I.P.C., to be made out.