ORDER

S.M. Ali Mohamed, J. - This petition under Sec. 482 of Criminal Procedure Code is to quash the proceedings pending trial in C.C.No.4989 of 1984 on the file of the XI Metropolitan Magistrate, Saidapet, Madras. 15.

2. The second accused is the petitioner herein. One K. Srinivasan, a Sri Lanka refugee gave a complaint against first accused A.T. Shanmugharm and second accused A.D. Almeida for alleged offences under Sec.420 read with 34, I.P.C. It was alleged in the complaint that Al A.T. Shanmugham and A-2 A.D. Almeida paid a sum of Rs. 1,25,619.20 from the funds provided exclusively by the complainant and cleared 25 tonnes out of 100 tonnes of imported Green Moong. On 8.3.1984, A.T. Shanmugham and A.D. Almeida sold the consignment through M/s. Madras Mercantile No.20, Strotten Muthiah Mudali Street, Madras and A.T. Shanmugham and A.D. Almeida collected the consideration through cheque for Rs. 1,25,305.30 on 7th May, 1984. After collecting the cheque A. Shanmugham and A.D. Almeida instead of depositing it in account of the complainant in the Indian Bank, Harbour Branch, Madras, cheated the complainant by opening another account in State Bank of Hyderabad, Mylapore, Madras 600004.