PRATEEK APPARELS PVT LTD Vs. S S SUNDARESAN

JUDGEMENT

(1.) CRIMINAL Original Petition filed under Section 482 of CRIMINAL Procedure Code praying to call for the entire records relating to the proceedings in C.C.No,305 of 2006 on the file of the Judicial Magistrate No.III, Salem and quash the same. The petitioner who is facing the criminal proceedings in CC No,305 of 2006 on the file of the Judicial Magistrate No.III, Salem for an offence under Section 420 IPC has filed this petition seeking to quash the proceedings.

(2.) THE brief facts which are leading to the petition are that the respondent / complainant is a manufacturer exporting fabrics and the petitioner has placed an order with the complainant for the purchase of 2200 Mtrs. of Doby Grey fabrics at Rs.58/- per meter and thereafter, placed a revised order increasing his requirement from 2,200 to 3150 sq.meter. Immediately after the placement of order, the respondent / complainant has engaged his weavers purchased cotton yarn and manufactured the fabrics and supplied the same to the petitioner/accused who also received the said goods. According to the complainant, the petitioner/accused has verified the quality and quantity and was satisfied with the fabrics.

(3.) MR. D. Shivakumaran, learned counsel for the petitioner strenuously contended that the averments in the complaint prima facie revealed that there is a dispute over the debit note which has been raised by the petitioner against the respondent/complainant and that the complaint is filed only to settle the dispute. He would contend that a reading of the complaint does not show the presence of the ingredients of cheating and the complaint filed only to settle the dispute is a clear illustration of abuse the process of law.