TARUN KUMAR GUPTA, J. - (1.) This revisional application under Sections 397 and 401 read with Section 482 of the Code of Criminal Procedure is directed mainly against the order dated 5th May, 2011 wherein learned Judicial Magistrate, First Class at Mayabunder in C.R. Case No.6 of 2011 took cognizance of a complaint filed by respondent S. Sisubalan for issuance of summons under Section 420 of the Indian Penal Code against the petitioner.
(2.) It is the case of the petitioner that for some construction works for opening a school on behalf of Marthoma Church at Mayabunder an estimate was prepared to the tune of Rs.3,40,000/- and approved by Churches Auziliary for Social Action(CASA), New Delhi. However, respondent no.1 submitted a quotation for Rs.4,44,504/- and the same was accepted by the authority of Church and the said respondent ultimately raised a bill for Rs.6,22,411/- which is inclusive of some additional works which were done under the direction of the petitioner. As full payment could not be made to the respondent no.1, he filed said complaint alleging cheating and criminal breach of trust against the present petitioner though the dispute was purely civil in nature. Learned trial court mechanically took cognizance and issued summons against the petitioner under Section 420 IPC and the said Criminal case is liable to be quashed.
(3.) This revisional application is being contested by respondent- S. Sisubalan as well as respondent-State. Mr. Roshan George, learned advocate for the petitioner has submitted that the dispute was purely civil in nature and that there was correspondence between authorities of Church in the one hand and the respondent no.1 on the other hand for payment of balance amount of work and that no offence under Section 420 was committed as present petitioner has no mens rea. He has further submitted that continuation of the Criminal proceeding is nothing but an abuse of the process of the law and that the same should be quashed.;