B. SUBHASHAN REDDY, J.

( 1 ) THIS is a petition filed under S. 482 of the Criminal Procedure Code, to quash the Proceedings in C. C. No. 187 of 1991 on the file of the Additional Judicial First Class Magistrate Kovur, Nellore District.

( 2 ) MERE perusal of the complaint which was filed under S. 200, Cr. P. C. , would reveal that there was regular contract of sale of paddy inter se the petitioner and the respondent Nos. 2 and 3 and that there was a running account and from time to time, the amounts were being paid by the petitioner. The accusation that on a day on the account sheet, the signatures of the respondents Nos. 2 and 3 were obtained by misrepresentation and actually as on that date more amount of Rs. 1,70,000. 00 was outstanding, even after payment of Rs. 4,35,389-35 ps. in three instalments and such an amount, even if it is assumed that the same was outstanding and is in breach of Contract of Sale and which is covered by Sale of Goods Act, will not come within the ambit of the offence of cheating under S. 420 of the Indian Penal Code For making out an offence of cheating punishable under S. 420, IPC what is material is that on the day when the transaction was entered into

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