- (1.) G. P. Mathur, J. This petition under Section 482, Cr. P. C. has been filed for quashing the proceedings of Criminal Case No. 10 of 1992.
(2.) THE complaint Jagdish Prasad Saigal filed a criminal complaint against applicant before the court of Metropolitan Magistrate, Gwaltoli, Kanpur on the grounds inter alia, that he carried on business in Dyes and Chemical in Kanpur. THE accused-applicants are officer of New Victoria Mills, a Unit of National Textile Corporation (U. P.) Ltd. , Kanpur and accused applicants No. 1 is stores purchase officer and places order for supply of raw materials to various dealers. THE complainant supplied some articles, details of which are given in para 2 of the complaint to New Victoria Mills on different dates but the payment of the same had not been made to him. It is further alleged that the goods were supplied to the accused on telephonic and written assurance that the payment would be made within the time given in the purchase order but the accused have entered a to a conspiracy with a common intention to cheat the com plainant for the goods supplied to them. According to the complainant, his capital to the extent of Rs. 40,000 had been blocked. THE complaint was registered as Criminal Case No. 10 of 1982 and the learned Magistrate passed a summoning order fixiag 20-3-1982 for me appearance of the accused. THE accused have been summoned under Sections 429/120-B, I PC. I have heard learned counsed for the parties and have perused the record. The allegations made in the complaint shows that the accused applicants are the officers and employees of New Victoria Mills, Kanpur, which is a unit of National Textile Corporation (U. P.) Ltd. , The complainant carried on business of supplying Dyes and Chemicals and in the course of said business, he supplied the materials to New Victoria Mills. It is not the case of the complainant that he made any supply directly to the accused- applicants. Admittedly no goods were delivered personally to accused-applicant merely because some material was delivered to New Victoria Mills and that there was some delay on the part of the Textile Mill to make payment of the goods, it could not lead to tiny inference that the accused-applicant in their individual capacity had committed any criminal offence. It has been held in Hari Prasad v. Vishnu Kumar, AIR 1974 SC 301 that unless there was intention of cheating right at the time when the complainant parted with goods, no offence of cheating under Sec tion 420, IPC would be made out. The mere fact that the accused subsequent ly turned dishonest may give rise to civil liability but he can not be held liable for criminal offence. In the present case there is no allegation that the time when the complainant delivered the goods to the Textile Mills there was any intention on the part of the accused-applicants to cheat him. It may also be mentioned here that the accused-applicants were not likely to gain anything personally by the mere fact that the payment was not made by the textile mills. It is also not the case of the complaint that the accused-applicants had asked him to supply the goods to them personally. Thus the allegations in the complaints do not show that the accused-appli cants have committed any offence. In Para 8 of. he complaint, it is mentioned that his capital to the extent of Rs. 40,000 had been blocked. In Para 6 of the counter affidavit filed by the complainant in this court, it is the mentioned that a sum of Rs. 12,012 was outstanding and New Victoria Mills was liable to pay the aforesaid amount to him. The counter affidavit was sworn on 16-5-1982. In Para 4 of the rejoinder affidavit, which has been swarmed on 7-8-1982, it is averred that the aforesaid amount has been paid to the compliant by means of two cheques dated 24-6-1982 and 2-7-1982 and the entire amount due to the complainant has been paid to him by the Textile Mills.
(3.) FOR the reason mentioned above the present petition succeeds and is hereby allowed. The proceedings of Criminal Case No. 10 of 1982 pending in the Court of Metropolitan Magistrate, Gwaltoli, Kanpur are quashed. Petition allowed. .;