BHAG CHAND JAIN Vs. STATE

JUDGEMENT

(1.) THE petitioner has filed the above Criminal Original Petition to call for the records in C. C. No. 3511 of 2007, pending on the file of VIII Metropolitan magistrate Court, George town, Chennai and quash the same.

(2.) THE Prosecution case is that one Mahendrakumar/defacto complaint had lodged a complaint with the respondent police on 12. 01. 2002 stating that he had sold stainless steel utensils to the petitioner/accused between the period from 15. 07. 2000 to 24. 07. 2000 for a sum of Rs. 33,945/ -. The said sale amount was not paid by the petitioner/accused and so he cheated the defacto complainant. Hence, the respondent police registered a case in Crime No 52 of 2002 on an alleged offence under section 420 of I. P. C. The said case is now pending on the file of the VIII Metropolitan Magistrate Court, George town, Chennai as C. C. No. 3511 of 2007.

(3.) THE petitioner has stated in his petition that the business transaction had taken place between the petitioner and defacto complainant in respect of purchase and sale of steel utensils, is purely of a civil nature and would not amount to cheating. Further, the petitioner has stated that it is a settled law that for establishing the offence of cheating, the respondent is required to show that the petitioner/accused has committed fraud or dishonest intention at the time of making promise or representation, failure to keep promise. In the present circumstances, the offence of cheating was not established by the respondent. So, the complaint contains no reason to disclose the offence of cheating. As such the complaint before the VIII Metropolitan Magistrate is not maintainable either in law or in facts. Further the petitioner has alleged that the respondent approached the police with the sole intention to blackmail the petitioner to exhort unreasonable amount from the petitioner. The case registered against the petitioner/accused is without application of mind and ignoring the principles. The petitioner further submits that in the absence of intention to cheat, section 420 of I. P. C cannot be applied.