S K ANAND Vs. PRAKASH CHAND SETHI

JUDGEMENT

(1.) A criminal complaint under Section 420, Indian Penal Code, filed by the respondent Parkesh Chand Sethi against the petitioners Dr. S.K. Anand and Uma Puri is sought to be quashed in this petition under Section 482 of the Code of Criminal Procedure on the plea that the allegations made in the complaint do not disclose the commission of any offence.

(2.) It is alleged in the complaint that the respondent processed the gray fabric of the petitioners on agreed rates. Various bills were issued to the petitioners towards processing charges, by the respondent, some of which were paid off. However, a debit balance of Rs. 1,54,655.49 remained in the month of November, 1983. Initially the petitioners refused to pay this amount but after much persuasion they issued two post-dated cheques; one for Rs. 65,515/- dated November 3, 1983 and the second for Rs 42500/- dated November 22, 1983. On presentation the cheques were dishonoured by the Bank on the ground that the petitioners had stopped the payment. It is alleged that on account of the stopping of the payments of the cheques the petitioners have committed an offence punishable under Section 420, Indian Penal Code.

(3.) The contention of the petitioners is that the dishonouring of the cheques merely amounts to breach of promise and not the commission of an offence under Section 420, Indian Penal Code. This contention is not without merit.