RITESH NARULA Vs. STATE OF WEST BENGAL

JUDGEMENT

(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:

(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: