Rongon Mukhopadhyay, J. - (1.) Heard the parties.
(2.) In this application, the petitioner has prayed for quashing the entire criminal proceedings in connection with Complaint Case No. 2316 of 2015 including the order dated 19-7-2016, passed by the learned Judicial Magistrate, Ranchi, whereby and whereunder cognizance was taken for the offence punishable under S. 420 of the Indian Penal Code.
(3.) It has been submitted by the learned senior counsel for the petitioner that the entire dispute is civil in nature as the same arises out of a contract. It has further been submitted that O.P. No. 2 had suppressed the fact that the order passed by the District Consumer Forum was set aside by the appellant forum. It has also been submitted that petitioner is the Superintendent of RIMS and there cannot be said to be any act of criminality on the part of the petitioner. Learned senior counsel submits that ingredients of cheating are not present as there was never any dishonest intention on the part of the petitioner from the very inception of the transaction and, therefore, entire criminal proceedings against the petitioner deserve to be set aside.;