THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR Criminal Petition No. 7633 of 2008 Order: This Criminal Petition, under Section 482 Cr.P.C., is filed by the petitioners/A1 and A2 seeking to quash the proceedings in C.C. No. 385 of 2003 pending on the file of the II Additional District Munsif Magistrate, Madanapalle. The petitioners herein are A1 and A2. The respondents 2 and 3 herein are the de facto complainants. The case of the second respondent is that he is the proprietor of M/s. Chandra Silks, Neerugattuvaripalle, Madanapalle town and that A1 used to purchase bulk quantity of silk sarees on payment of cash at Madanapalle and created confidence and trust in the second respondent. On 05.07.2002 A1 represented to the second respondent that he received orders from foreign countries and showed some Xerox copies of letters and lifted silk sarees worth of Rs.70,500/- by paying advance of Rs.25,000/- and promised to send balance within a short period. Again, within a span of 12 days, A1 came to Madanapalle and showed a letter to the second respondent as if he had received orders for supply of silk sarees and also showed some demand drafts and lifted silk sarees worth of Rs.1,48,050/-. When amounts were not paid by A1, the second respondent went to Chennai and on enquiry he learnt that A1 is in the habit of committing breach of trust and cheating. Similar is the allegation made by the third respondent herein, which, inter alia, reveals that the first petitioner/A1 lifted sarees worth of Rs.1,52,800/- on 05.07.2002 by paying Rs.12,800/- as advance and within 12 days again he lifted sarees worth of Rs.4,35,100/-. The second petitioner/A2 was introduced as Clerk of the first petitioner/A1. The other accused i.e., A3 was introduced as driver of A1. A2 appears to have accompanied A1, when A1 lifted the sarees on both occasions. The contention of the learned counsel for the petitioners is that the transaction between two traders is a business transaction and the same is now converted into criminal offence and that the ingredients of Section 420 IPC and other alleged offences have not been made out. The learned Additional Public Prosecutor submitted that a reading of the complaint makes it clear that the alleged offences have been made out. The truth or otherwise of the allegations cannot be gone into or facts cannot be verified in quash proceedings. Prima facie, it appears that there are no grounds to quash the proceedings. Accordingly, the Criminal Petition is dismissed. ______________________ B. CHANDRA KUMAR, J. Date: 17.11.2011 Nsr