KOLLA SRINIVAS Vs. STATE OF A P

JUDGEMENT

(1.) This is a petition filed under Section 482 Cr.P.C. to quash the proceedings in C.C. No. 699 of 2004 pending on the file of the I Additional Judicial First Class Magistrate, Khammam.

(2.) The case of the complainant is that he supplied 42 lorry loads of paddy worth Rs. 11,70,000/- to the rice mills through the petitioner-accused and the petitioner- accused collected the amount for the paddy supplied and used to say to the complainant that the amount was not received from the rice millers. On enquiry, the complainant came to know that the entire amount due was already paid to the petitioner-accused. Then, the complainant demanded the petitioner- accused for payment of the amount. But, the petitioner-accused evaded the payment and threatened that he would commit suicide by stabbing himself and foist a case against the complainant. Hence, the charge sheet.

(3.) The learned counsel for the petitioner- accused contends that delivery of the rice was made to the millers directly but not through the petitioner-accused and the petitioner has no intention to deceive the complainant at the inception and hence, the offence under Section 420 IPC cannot be attributed to the petitioner-accused, unless the complainant proves the fraudulent intention on the part of the petitioner-accused. He further contends that the offence under Section 506 IPC also cannot be attributed to the petitioner-accused since there was no threat to cause any injury to the complainant and there was no criminal intimidation as contemplated under Section 503 IPC.