CHINTHALA CHERUVU Vs. STATE OF A P

JUDGEMENT

(1.) A-1 and A-2 in the crime seek to invoke the extraordinary jurisdiction of this Court under Section 482 of the Criminal Procedure Code to quash the criminal proceedings pending against them in C.C.No.2055/2005 on the file of the Additional Judicial Magistrate of 1st Class, Kothagudem.

(2.) On a private compliant filed by the second respondent herein, the same has been forwarded to the police for investigation, Eventually, at the culmination of investigation, a charge sheet was filed against the petitioners alleging inter alia the offences punishable under Sections 420, 468, 471, 506 read with 34 of Indian Penal Code. Cognizance of the offence was taken by the Court for the said offences.

(3.) It was alleged inter alia in the charge sheet that A-2 is the wife of A-1 and both of them together have been running business as partners under the name and style of Venkata Durga Fertilisers at Paloncha. The defacto- complainant. G. Chenna Reddy mediated between the accused-petitioners and the ryots for supply of pesticides and fertilizers to the ryots and as a security, he handed over four blank cheques bearing Nos. 027 448 to 027 450 containing his signatures drawn on Co-operative Bank, Paloncha under account No. 3251 and also promissory notes to the accused-petitioners. For the crop season 1999-2000, pesticides worth Rs. 3,50,000/- and fertilizers worth Rs. 5,00,000/- in all Rs. 8,50,000/-, were supplied by the accused- petitioners on credit basis to the farmers L.Ws.2 to 36. The farmers after reaping the crop, paid in kind of 1400 quintals of cotton at the rate of Rs.2000/- per quintal worth Rs.26,00,000/- on credit to their account with the accused. For the crop season 2000-2001 the -complainant purchased pesticides and fertilizers worth Rs. 10,26,000/- (Rs.3,26,0007- + Rs. 7,00,000/- respectively and after getting the yield, the farmers supplied 1000 quintals of cotton in ten lorries worth Rs. 16,00,000/- on credit to their account. Similarly, for the crop season 2001-2002, the farmers were given pesticides and fertilizers worth in all Rs. 15,00,000/- (Rs.6,00,0007- + Rs.9,00,0007- respectively) and the farmers after harvest supplied 1200 quintals of cotton in 12 lorries worth Rs. 15,00,000/- and 390 bags of paddy at Rs. 400/- per bag worth Rs. 1,56,000/- dried chillies 40 quintals at Rs. 2,500/- worth Rs. 1,00,000/- Thus, for all the three seasons, L.W.1 purchased pesticides and fertilizers for the benefit of L. Ws.2 to 36 from the petitioners worth in all Rs. 33.76,000/- and supplied the commodities worth Rs. 59,56,000/- on credit. On proper accounting, the accused shall pay an amount of Rs.25,80,000/- to the farmers. However, when the farmers refused to purchase the pesticides and fertilizers for the season 2002-03 and asked the accused to settle their account and to pay back whatever amount due to them, the accused paid deaf ears and intimidated the farmers to away with their lives. On the other hand, the accused presented one of the four cheques bearing No.027448 by forgoing and fabricating the same for an amount of Rs. 8,25,000/- with the date 18-12-2002 and when the cheque was bounced, they filed a compliant under Section 138 and 142 of the Negotiable Instruments Act (for short 'the Act') against the defacto-complainant falsely and the same is pending trial. Thus, both the accused resorted to the offence of fabrication and forgery and got the cheque dishonoured so as to file a compliant against the defecto- complainant and thereby committed the offences as stated hereinabove.