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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
V.M.Deshpande, Sandipkumar C.More, JJ.
Manoj Gokuldas Manudhune – Appellant
Versus
State of Maharashtra – Respondent
Criminal Application No. 1450 of 2022
Decided On : 21-04-2022
Satyajit S.Bora, Advocate, S.S.Dande, Advocate, S.S.Panale, Advocate
The court emphasized that in cases of purely contractual matters and personal disputes between parties, the ingredients of offense under Sec. 406 of the Indian Penal Code may not be made out.
Headnote:
Quashing of FIR - Contractual Dispute - The court quashed the FIR against the applicant as it was deemed to be a purely contractual matter and personal dispute between the parties, and the ingredients of offense under Sec. 406 were not made out.
Fact of the Case:
The applicant, an agent, placed an order for the supply of sugar with Respondent No.2. The respondent lodged a First Information Report (FIR) for non-payment of the amount towards the supply of sugar by the applicant.
Finding of the Court:
The court found that the dispute between the parties was purely contractual and personal, and as the respondent had received part payment and post-dated cheques for the outstanding amount, the court quashed the FIR against the applicant.
Issues: Dispute over non-payment for the supply of sugar, applicability of Sec. 406 of the Indian Penal Code, settlement between the parties.
Ratio Decidendi: The court held that as the dispute was purely contractual and the respondent had received part payment and post-dated cheques for the outstanding amount, the ingredients of offense under Sec. 406 were not made out.
Final Decision: The court allowed the application, quashed the FIR, and set it aside qua the applicant, with no costs imposed.
JUDGMENT
V.M.DESHPANDE, J.
1. Rule. Rule made returnable forthwith and heard fnally by consent of learned Counsel for respective parties.
2. Heard Shri Satyajit S. Bora, learned Counsel for the
{2} crappln145022.odt applicant, Shri S. S. Dande, learned A. P. P. for Respondent No.1- State and Shri S. S. Panale, learned Counsel for Respondent No.2.
3. Shri Panale, learned Counsel for Respondent No.2 has tendered affdavit-in-reply on behalf of Respondent No.2 - original complainant, which is taken on record and marked as Exhibit "X' for the purposes of identifcation.
4. By fling present application, the applicant is praying to quash the First Information Report bearing Cr. No.0513/2021 dtd. 21/7/2021, registered with Newasa Police Station for the offences punishable under Ss. 406, 420, 504, 506 read with Sec. 34 of the Indian Penal Code.
5. According to the learned Counsel for the applicant, the undisputed fact before this Court is that the applicant is an agent and he had placed an order in respect of supply of sugar with Respondent No.2 and there appears to be non payment of amount to Respondent No.2 towards supply of sugar by the applicant. Respondent No.2, therefore, has fled report against the present applicant.
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6. Learned Counsel for Respondent No.2 has invited our attention to paragraph no.5 of the reply of Respondent No.2 to state that the applicant and complainant have settled their dispute out of the Court and some amount, which was outstanding against the applicant is received by Respondent No.2 and post dated cheques are also issued in favour of Respondent No.2.
7. In view of the fact that there was contractual obligation in between the applicant and Respondent No.2 and the applicant has failed to pay the amount towards supply of sugar, the First Information Report was lodged by Respondent No.2 against the applicant. In that context, Respondent No.2 has now received the part payment and for remaining outstanding amount, she has already received post-dated cheques from the applicant with an assurance that those cheques will be honoured and, therefore, she wants to withdraw the complaint.
8. In our view, it is a purely contractual matter and personal dispute between the parties and, therefore, ingredients of offce under Sec. 406 are not made out.
9. Resultantly, we pass the following order:
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(i) The application is allowed.
(ii) The First Information Report bearing Cr. No.0513/2021 dtd. 21/7/2021, registered with Newasa Police Station for the offences punishable under Ss. 406, 420, 504, 506 read with Sec. 34 of the Indian Penal Code is hereby quashed and set aside qua the applicant.
(iii) No costs. (SANDIPKUMAR C. MORE) (V. M. DESHPANDE) JUDGE JUDGE
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