Decided on March 18,2019



Asha Arora, J. - (1.) The petitioners have approached this Court under section 482 of the Code of Criminal Procedure for quashing of the proceeding of GR Case No. 1805 of 2014 arising out of Taltala P.S. Case No. 242 of 2014 dated 26/12/2014 under section 420/120B of the Indian Penal Code pending before the learned Metropolitan Magistrate 20th Court Calcutta.
(2.) The facts in brief leading to the present application may be summarized as follows: The opposite party no. 2/complainant lodged a written complaint dated 24/12/2014 at Taltala P.S. against the petitioners alleging commission of offence under section 420/120B. On the basis of the aforesaid complaint the above mentioned criminal proceeding was initiated. Investigation culminated in the submission of the chargesheet under section 420/120B IPC against the petitioners wherein it is alleged that on 18/10/2014 the accused persons dishonestly induced the complainant to deliver stock of IMFL and beer to M/S Luxamee Kutir Udyog Liquor Division and after receiving the same, they neither paid the bill amount of Rs. 8,18,304/- nor returned the stock to the complainant. The accused issued four cheques to the complainant which were dishonoured due to insufficient fund.
(3.) Learned counsel appearing for the petitioners argued that the ingredients of the offence alleged are not disclosed. There was continuous business transaction between the parties. The offence of cheating involves dishonest intention from the inception of the transaction. Mere non payment of the amount alleged for a single transaction does not make out the offence of cheating. Learned counsel sought to impress that a civil suit for recovery of dues or a complaint case under section 138 of the Negotiable Instruments Act would have been an appropriate remedy. To fortify his argument, learned counsel for the petitioners placed reliance on the following case laws: 1. Dr Sharmas Nursing Home versus Delhi Admn. And Others, 1998 8 SCC 745. 2. Medchl Chemicals & Pharma (P) Ltd. versus Biological E. Ltd. and Others, 2000 3 SCC 269. 3. G. Sagar Suri and Another versus State of U.P. and Others, 2000 2 SCC 636. 4. Hotline Teletubes and Components Ltd. and Others versus State of Bihar and Another, 2005 10 SCC 261. 5. Vir Prakash Sharma versus Anil Kumar Agarwal and Another, 2007 7 SCC 373. 6. Anil Mahajan versus Bhor Industries Ltd. and Another, 2005 10 SCC 228. 7. V.P. Shrivastava versus Indian Explosives Limited and Others, 2010 10 SCC 361. 8. R.K. Vijayasarathy and Another versus Sudha Seetharam and Another,2019 SCCOnline(SC) 208.;

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