THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2935 OF 2009 ORDER: Petitioner approaches this Court with a prayer to quash the proceedings initiated against him in C.C. No.1081 of 2008 on the file of the II Additional Chief Metropolitan Magistrate, Nampally, Hyderabad for offences punishable under Sections 420 and 506 of IPC. Even after issuing of notice, none appeared for respondent No.2- defacto complainant. This Court perused the entire record and the charge sheet. It is an admitted case of the prosecution that the accused and the defacto complainant are known to each other in business transactions. The petitioner is a contractor, who in the course of his business transactions purchased the goods from the complainant. It is also evident from the charge sheet that the accused is in the habit of taking goods on credit basis and used to clear the amounts then and there. But, in the years between 2005 and 2006, for about three months, he purchased some goods from the complainant on credit basis and he failed to repay the amount. It is also evident from the charge sheet that the accused approached the complainant and informed him that he is not in a position to clear the dues since the contract amount was not cleared by the Government. Further, it is also evident that he has also issued a cheque in favour of the complainant. But unfortunately, the same was dishonoured due to “insufficiency of funds”. On the said facts, a complaint is lodged and after due investigation, the police filed the case against the petitioner for the aforesaid offences. Having perused the material on record, this Court is of the view that the contents in the said charge sheet do not disclose any of the ingredients of Sections 420 and 506 of IPC. Hence, the Criminal Petition is allowed and the proceedings in C.C. No. 1081 of 2008 on the file of the II Additional Chief Metropolitan Magistrate, Nampally, Hyderabad are quashed. ________________________ JUSTICE RAJA ELANGO Dated : 08.08.2011 pnb