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1985 Supreme(AP) 267

M.JAGANNADHA RAO
P. Eswara Reddy – Appellant
Versus
State Of A. P. – Respondent


M. JAGANNADHA RAO, J.

( 1 ) THIS is an application under S. 482, Cr. P. C. for quashing the proceedings in C. C. No. 74 of 1984 on the file of the XI Metropolitan Magistrate, Secunderabad. The petitioner has been charge-sheeted under S. 420, I. P. C. on the following facts.

( 2 ) IT is alleged that the petitioner came to the complainants shop (some time in February, 1983) and he agreed to purchase a Ashok Leyland Vehicle. As per the terms of the contract, the petitioner-accused paid a sum of Rs. 26,462. 30 Ps. being 10% of the total cost of the vehicle and the petitioner promised to pay balance of 90% of the consideration later on. The petitioner was given possession of the vehicle in March 1983. Subsequently after three months, the petitioner is alleged to have come to the seller and represented that due to non-availability of F form and the sale-letter from the sellers, the petitioner was unable to register the vehicle and that he could not arrange finance from the Bank. It is stated that on good faith and as a special case, the sellers issued F form and the sale-letter to the petitioner. It is then stated that on 9th of September 1983, the petitioner gave a cheque bearing No. 901



























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