PRIYATAM SEN Vs. KANCHANA SIVA PRASAD

JUDGEMENT

(1.) ORDER :This is an application to quash the FIR in Crime No.50 of 2002 of Vellur P.S. of Cuddapah District.

(2.) Representation dated 12-6-2002 given to the Superintendent of Police, Cuddapah, by the 1st respondent was forwarded to the Deputy Superintendent of Police, Cuddapah with an endorsement to get a case registered and investigated after perusing the relevant records, which in turn was sent to the Sub-Inspector of Police, Vellur P.S. with a direction to register a case under the relevant section of law and to take up investigation. Consequently the Sub-Inspector of Police, Vellur P.S. registered the said complaint as Crime No.50 of 2002 under Section 420 IPC read with Section 138 of Negotiable Instruments Act.

(3.) The case, in brief, of the 1st respondent is that he and his brother V. Subba Rayudu are carrying on business in Dupion Silk under the name and style of Krishna Silk Fabrics and have business transactions with the petitioner, who is the proprietor of M/s. Super Exports, from five years and that they, basing on the orders placed by the petitioner, used to prepare cotton material and send the same to Bangalore through Raghavendra Transport and that the petitioner used to pay cash or send post-dated cheques towards the value of the material supplied to him by them, and on some occasions the petitioner used to request them not to present the cheques and used to pay the amounts, covered by the cheques, in cash and take return of those post-dated cheques. As per the order placed by the petitioner, material worth Rs.12,74,032/- was supplied to him, towards the value of which petitioner gave eleven cheques for Rs.1,06,000/- each, six cheques with date 1-9-2001, two cheques with date 20-10-2001, one cheque with date 17-11-2001 and two cheques with date 18-12-2001. Three cheques i.e., dated 17-11-2001 and 18-12-2001 were dishonoured on their presentation to Bank. Besides the amount covered by those cheques an amount of Rs.4,26,032/- towards principal and Rs.2,84,503/- towards interest is still due from the petitioner. Petitioner failed to pay the said amount when demanded by them asserting that he does not owe any amount to them. Thus the petitioner, who wields considerable influence at Bangalore, cheated him (1st respondent) and other businessmen at Duggayapally by issuing false cheques.