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2005 DIGILAW 153 (AP)

Kolla Srinivas v. State Of A. P.

2005-02-18

A.GOPAL REDDY

body2005
A. GOPAL REDDY, J. ( 1 ) THIS is a petition filed under Section 482 cr. P. C. to quash the proceedings in C. C. No. 699 of 2004 pending on the file of the i Additional Judicial First Class Magistrate, khammam. ( 2 ) THE case of the complainant is that he supplied 42 lorry loads of paddy worth rs. 11,70,000/- to the rice mills through the petitioner-accused and the petitioner- accused collected the amount for the paddy supplied and used to say to the complainant that the amount was not received from the rice millers. On enquiry, the complainant came to know that the entire amount due was already paid to the petitioner-accused. Then, the complainant demanded the petitioner- accused for payment of the amount. But, the petitioner-accused evaded the payment and threatened that he would commit suicide by stabbing himself and foist a case against the complainant. Hence, the charge sheet. ( 3 ) THE learned counsel for the petitioner- accused contends that delivery of the rice was made to the millers directly but not through the petitioner-accused and the petitioner has no intention to deceive the complainant at the inception and hence, the offence under Section 420 IPC cannot be attributed to the petitioner-accused, unless the complainant proves the fraudulent intention on the part of the petitioner-accused. He further contends that the offence under section 506 IPC also cannot be attributed to the petitioner-accused since there was no threat to cause any injury to the complainant and there was no criminal intimidation as contemplated under Section 503 IPC. ( 4 ) ON the other hand, the learned Public prosecutor opposed the petition. ( 5 ) BEFORE answering the above contentions and the point, it is necessary to notice the following provisions of the Indian Penal Code: section 415: Cheating:"whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to "cheat"". Section 420 IPC-Cheating and dishonestly including delivery of Property:"whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. "section 503 IPC-Criminal Intimidation:"whoever threatens another with any injury to his person, reputation or property or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat commits criminal intimation. "section 506 IPC-Punishment for criminal Intimidation:"whoever commits the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both. " ( 6 ) READING of the charge sheet discloses that 42 lorry loads of paddy worth rs. 11,70,000/- was supplied to the rice mills through the petitioner-accused and the amount, which was said to have been received by the petitioner, was not paid to the supplier-complainant. The very fact that the petitioner collected Rs. 11,70,000/- value of the paddy supplied to the rice millers and has not paid the same to the complainant itself shows that the accused had dishonest or fraudulen intention at the time the complainant parted with the paddy and on petitioner collecting the amount. Further, when the complaint asked the petitioner-accused, he used to say that the millers did not pay the amount. Therefore, fraudulent and dishonest intention can be attributed to the petitioner- accused for the offence under Section 420 ipc. ( 7 ) SIMILARLY, the other submission made by the learned Counsel for the petitioner-accused that there was no criminal intimidation on the part of the petitioner-accused and hence, the offence under section 506 IPC cannot be attributed to the petitioner-accused, also appears to be fallacious. ( 7 ) SIMILARLY, the other submission made by the learned Counsel for the petitioner-accused that there was no criminal intimidation on the part of the petitioner-accused and hence, the offence under section 506 IPC cannot be attributed to the petitioner-accused, also appears to be fallacious. The very reading of the charge sheet clearly discloses that at the instance of petitioner-accused, complainant supplied the paddy to the millers and petitioner collected rs. 11,70,000/- from the rice millers. When the complainant demanded the said amount, the petitioner-accused threatened that he would commit suicide by stabbing himself, with an intention to cause alarm to the complainant, desisting him to take any legal action against the petitioner-accused, for which he is entitled to do legally for recovery of the amount collected, due to the threat of injury to property, as complainant has to forego in the event of the petitioner-accused committing suicide. Therefore, it can be inferred that the said acts of the petitioner- accused attract the ingredients of the offence under Section 503 IPC punishable under section 506 IPC. ( 8 ) AS specified above, the allegations in the FIR and the charge sheet prima-facie constitute the offences under Sections 420 and 506 IPC. In view of the same, I see no grounds to quash the proceedings. ( 9 ) ACCORDINGLY, the Criminal Petition is dismissed.