The nature of a commercial transaction does not automatically preclude the commission of an offence, and the decision to proceed with a trial should be based on the evidence presented.

ORDER :

Dr. A.S. Anand, J.

1. The appellant filed a complaint in the Court of the Chief Judicial Magistrate, Nagpur being Criminal Case No. 391 of 1984 for an offence under Section 420 Indian Penal Code. In substance the grievance projected in the complaint was that but for the unequivocal assurances given by the respondents to the appellant, the material would not have been supplied by the appellant nor cheques accepted, which were later on not honoured because of the lack of funds. The complaint was forwarded for enquiry to the police under Section 202 Criminal Procedure Code and after receipt of the enquiry report, the learned trial Magistrate issued process against the respondents. The respondents, thereupon, filed a criminal application in the High Court under Section 482 Criminal Procedure Code seeking quashing of the complaint and the issuance of the process. The High Court vide the order impugned herein quashed the complaint. Aggrieved, the appellant is before us.

2. We have heard learned counsel for the parties at length and examined the record. It appears to us that the High Court was primarily influenced by the fact that since there was a commercial transaction between the parties and alleged breach of contractual liability, there was no sufficient ground to proceed with the trial of the respondents and quashed the criminal complaint and the proceedings arising therefrom.

3. We have perused the complaint carefully. In our opinion it cannot be said that the complaint did not disclose the commission of an offence. Merely because the offence was committed during the course of a commercial transaction, would not be sufficient to hold that the complaint did not warrant a trial. Whether or not the allegations in the complaint were true was to be decided on the basis of evidence to be led at the trial in the complaint case. It certainly was not a case in which the criminal trial should have been cut short. The quashing of the complaint has resulted in grave miscarriage of justice. We, therefore, without expressing any opinion on the merits of the case, allow this appeal and set aside the impugned order of the High Court and restore the complaint. The learned trial Magistrate shall proceed with the complaint and dispose of it in accordance with law expeditiously.

4. Nothing said hereinabove shall be construed as any expression of opinion on the merits of the case.

Appeal allowed.