MAHESH GROVER,J - (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. The respondent, which is a partnership firm dealing in the business of commission agents handling food grains for import and export within the State of Punjab as also throughout the country, filed a complaint Annexure P.1 with the allegations that the petitioner had purchased 510 bags of wheat at the rate of Rs. 390/- per quintal from the complainant through the agency of a canvassing agent M/s S.V.K. Brothers, Madras vide Bill No. 95 dated 28.9.1992. The total amount of the transaction was Rs. 1,91,176/-. The bargain was to make the payment conditionally through bank and the respondent had accordingly sent RRs through the bank for Rs. 95,588.00 each through Punjab National Bank, Bathinda to Canara Bank at Cannore, Kerala. The petitioner paid one of the Hundis and it was alleged that he dishonestly and fraudulently did not honour the Hundi with ulterior motive to deprive the complainant of the payment of Rs. 95,588.00. The said transaction had been executed in this manner on the representation made by M/s S.V.K. Brothers, the canvassing agent.
(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.;