K. Sreedharan, J. - This is a petition filed under section 482, of the Code of Criminal Procedure for quashing the complaint in C.C. 468/1990 on the file of the Judicial 1st Class Magistrate's Court, Punalur. Learned counsel representing the petitioner canvassed the correctness of the decision in Calcutta Sanitary Wares v. Jacob1. Consequently a learned Single Judge referred the petition to Division Bench for disposal.

2. Before dealing with the question of law raised, we consider it advantageous to refer to the averments made by the complainant before the Court below. They are in the following terms. Accused entered into an agreement for sale of his property with the complainant on 21.3.1989. In pursuance of that agreement, accused received Rs. 21,001/- in three instatements. Since the contract fell through, he issued cheque dated 8.12.1989 bearing No. 787656 drawn on the Cheppad Branch of the Lord Krishna Bank for repayment of the amount. Thereafter with the intention of cheating the complainant and to make unlawful enrichment to himself, the accused caused the issuance of a lawyer's notice on 25.9.1989 alleging incorrect fatts. By the intervention of mediators, accused agree