- (1.) The applicant Amitabh Kumar Das, by means of this application under Section 482 Cr.P.C., has invoked the inherent jurisdiction of the Court with prayer to quash the entire proceeding of Case No. 4026 of 2017, based on cahrge-sheet dated 16.8.2016, arising out of case crime No. 551 of 2017, for an offence unde Sections 420 , 406 IPC, P.S. Nai Mandi, District Muzaffar Nagar, pending in the curt of Special Chief Judicial Magistrate, Muzaffar Nagar.
(2.) Heard learned counsel for the applicant and learned A.G.A. for the State.
(3.) Learned counsel for the applicant argued that no ingredients of offence required to constitute offence punishable under Section 420 and 406 of IPC, were made out. Even then, charge-sheet has been filed whereas it was a transaction based on the basis of mutual understanding, by way of memorandum of understanding, wherein terms and conditions were mentioned. Subsequently, informant-complainant withdrew from above business by way of mutual settlement and due amount of Rs 52 lacs were paid by applicant. But under coercion amount was raised 1.24 crores and cheques were taken in blank for rest of amount and for this a case for offence punishable under Section 138 of N.I. Act has been filed and is pending whereas much before this alleged report as well as filing of complaint, the applicant started making payment back for the amount and he paid back Rs. 52 lacs. Hence, there was no mensrea or aim of deceit since the beginning of business or criminal breach of trust. Moreso, Apex Court in G. Sagar Suri and another Vs. State of U.P. and others, (2000) 2 SCC 636 and Sunil Kumar Vs. Excorts Yamaha Motors Ltd. and others, (1999) 8 SCC 468, has propounded that once a complaint case has been filed for offence punishable under Section 138 of N.I. Act, subsequently, for the same transaction, if case is being filed for offences punishable under Sections 420 , 406 I.P.C., then certainly, this is a misuse of process of law because it is to coerce for ensuring payment in a case under N.I. Act . Hence, High Court is well within jurisdiction to quash this proceeding.;