SETH ANAND KUMARSON Vs. KASTURI LAL

JUDGEMENT

(1.) ON 5th August, 1972, Kasturi Lal partner of Messrs. Tilak Ram Satish Kumar & Co. Bhatinda, filed a complaint under sections 420 and 406, Indian Penal Code, against Anand Kumar of the firm Lord Krishna Textile Mills, Saharanpur, residing in Green Park, New Delhi, in the Court of Chief Judicial Magistrate, Bhatinda On the said date, the Magistrate, after recording the statement of the complainant, came to the conclusion that a prima facie case against the accused above -named was made out and he directed that summons be issued to the accused. The accused has moved this Court under section 561 -A of the Code of Criminal Procedure for quashing the said proceedings.

(2.) THE sum and substance of the complaint is that the firm of the accused had purchased cotton worth lacs of rupees from the complainant. Six cheques amounting to Rs. 50,000/ - were issued in favour of the complainant. When the complainant presented the cheques they were disponoured by the Bank for want of funds in the account of the accused. Thereupon, the complainant sent his son to the accused who represented that the cheques had not been honoured by the Bank owing to some mistake. As promised by the accused, he personally went from Delhi to Bhatinda and met the complainant on 23rd July, 1972. The accused assured the complainant that the Bank had returned the cheques by mistake.

(3.) THE law relating to the quashing of proceedings at interlocutory stage as laid down by their Lordships of the Supreme Court in R. P. Kapur v. State of Punjab, : AIR 1960 SC 866 is that where the allegations in the complaint, even if they are taken at their face value and accepted in their entirety, do not constitute the offence alleged, in such a case without appreciating the evidence and by merely looking at the complaint, the proceedings should be quashed.