RAVI KUMAR GUPTA Vs. NARINDER KUMAR & CO

JUDGEMENT

(1.) THE petitioner has invoked the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the complaint dated 26.3.1993 (Annexure P.1) filed by the respondent under the provisions of Sections 406, 420, 465, 467 and 471 of the Indian Penal Code as also to quash the order dated 20.8.1993 (Annexure P.2) by which the petitioner has been summoned under the provisions of Section 420 of the Indian Penal Code.

(2.) THE petition has been filed by M/s Sathyam Roller Flour Mills (P) Ltd., P.O. Parassinikadavli, Kannur (Kerala) through its Managing Director with the aforesaid prayer.

(3.) IT was further alleged in the complaint that the petitioner had misrepresented that he was unable to pay the Hundi amount and demanded free RRs or indemnity bond of the railways. The indemnity bond was accordingly issued by the respondent, but despite that, the payment was not made except for a partial payment of Rs. 31,770/- made vide demand draft No. 387911 drawn on the State Bank of India, which was duly received by the complainant.