KALAKEDA IBRAHIM SAHEB Vs. STATE OF A P

JUDGEMENT

(1.) This petition under Section 482 Cr.PC seeks quashing of proceedings in CC No.432 of 2000 on the file of the II Additional Judicial first Class Magistrate, Madanapalle in which the petitioner is an accused facing charges for offences under Sections 420, 429 and 506 IPC.

(2.) The contention of the learned Counsel for the petitioner is that even if facts as stated in the charge-sheet are presumed to be true, no offence is made out and as such proceedings are liable to be quashed.

(3.) The allegations in the charge-sheet go to show that the de facto complainant had drawn and appropriated to himself some amount belonging to the petitioner in connection with the Chit Fund. Towards the liability for this amount, the petitioner executed a promissory note in favour of the de facto complainant for a sum of Rs.1,70,000/- on 15-2-2000. Subsequently, on 2-6-2000 the de facto complainant went to the house of the accused and demanded the amount payable under the promissory note. During the exchange of words, the petitioner-accused forcibly snatched away the promissory note from the de facto complainant and tore it into pieces. It is also alleged that he had beaten the complainant with hands and legs and threatened him that if he asked for money again, he would engage persons and get him killed. On the basis of these allegations, it is contended that firstly an offence under Section 420 IPC is not made out at all. From the allegations, as they appears in the charge-sheet, it is doubtful whether ingredients of offence under Section 420 IPC are made out. There is nothing to show that the accused made any fraudulent representation, which induced the complainant to part with any property or whether on the basis of fraudulent representation the complainant did or omitted to do anything, Learned Magistrate shall keep in mind the ingredients of Section 420 IPC and at the stage of framing charges shall consider this aspect whether offence under Section 420 IPC could be said to have been made out.