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2000 Supreme(All) 737

R.K.DASH, S.R.SINGH
VIJAY PRAKASH – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
Umesh Chandra Mishra

( 1 ) HEARD and perused the impugned F. I. R. of case crime No. 137 of 2000, under Sections 406, 420, 504, 506, IPC, P. S. Dibiyapur, district Auraiya. According to the allegations made in the F. I. R. the complainant supplied plywood and other goods worth R. 78,740/- to the petitioners on their assurance that they would pay the price thereof within three days. But, it is further alleged, the petitioners failed to pay the price after expiry of the period aforestated and when complainant demanded the price of the plywood supplied by him he was abused and threatened of being killed on 12-4-2000. It is also alleged in the F. I. . R. that the cheque issued was dishonoured. It has been vehemently submitted by Sri U. C. Mishra, learned counsel appearing for the petitioners that the ingredients of none of the offences mentioned in the F. I. R. are made out in the FIR and as such it is liable to be quashed. Shri Mishra placed reliance on Radharaman Sahu v. Trilochan Nanda, 1991 Cri LJ 1603, a judgment of Orissa High Court and Venkatachalam v. State 1998 Cri LJ 3189, a decision of Madras High Court. In the first case, the complainant had supplied some goods to the accused on credit and when







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