K.N.Sinha, J. - (1.) The present application under Section 482 Cr.P.C. has been filed for quashing of the proceedings of complaint case No. 737/2002 pending before the Special Chief Judicial Magistrate, Agra, Smt Garima Jain v. R.K. Sharma under Sections 406/420 IPC Police Station New Agra, District Agra.
(2.) The brief facts giving rise to this application are that respondent No. 2 filed a complaint before the Special Chief Judicial Magistrate, Agra against the applicant alleging that the applicant had taken Rs. 50,000/-(Fifty thousand only) from respondent No. 2 for supply of goods but he supplied the goods worth Rs. 21.230/- (Twenty one thousand, two hundred thirty only) and misappropriated the amount of Rs. 28,770/-. For the remaining articles he assured that it will be supplied in due course. Inspite of several reminders on telephone the petitioner did not supply the articles and ultimately refused the same on 15.1.2002. After the refusal it was revealed that an amount of Rs. 28770/ (Twenty eight thousand seven hundred seventy only) was misappropriated Hence the complaint was filed. The Magistrate after recording the statement of complainant and witness summoned the applicant under Section 406/420 IPC.
(3.) It has been further pleaded that a perusal of complaint reveals that this is matter of sale and purchase transaction and supply of goods and the criminal courts should keep their hands off and the matter be decided by civil courts. In purchase and sale transaction nothing is entrusted and there was no element of cheating when the order was given. Thus, no offence under Section 406/420 IPC is made out hence the complaint is liable to be quashed.;