Criminal proceedings cannot be initiated for purely civil disputes; necessary intent for criminal charges must be evident, or they risk being quashed as an abuse of legal process.

JUDGMENT :

(Per : Nandesh S. Deshpande, J.)

1. Heard. Admit. Heard finally by consent of learned counsel appearing for the parties.

2. This is an application seeking to quash the First Information Report in connection with Crime No.0016/2023, dated 9.2.2023, registered by Police Station Bajaj Nagar, Nagpur, for the offences punishable under Sections 420 , 403, 406, 409, 417, 120-B read with Section 34 of the INDIAN PENAL CODE and the consequential proceeding arising out of Charge-sheet No.78/2023, dated 23.12.2023, for the offences punishable under Sections 420 , 403, 406, 409, 417, 120-B read with Section 34 of the INDIAN PENAL CODE , filed by Police Station Bajaj Nagar, Nagpur which is registered as R.C.C. No.4586/2023, which is pending for trial before the 8^th Joint Civil Judge, Junior Division and Judicial Magistrate, First Class, Nagpur.

3. The applicants are the directors of “Banka Bullions” and “G.K. Trexim” which is carrying business of Gold from Kolkata. As per the contentions of the applicants on 1.7.2020 the applicant No.1 herein received a summons dated 25.6.2020 from respondent No.1 inter alia informing him that that on 24.6.2020 a complaint has been lodged by one Ashutosh s/o. Natwar Mundada (complainant/respondent No.2) alleging that from 12.11.2016 to 5.12.2016 a total sum of Rs.4,31,50,000/- has been disbursed to the applicant Nos.1 and 2 herein for purchasing gold but no gold has been received by him. In the said summons, the applicant No.1 was directed to personally remain present at Bajaj Nagar Police Station. The said summons was duly replied to by the applicant No.1 thereby informing that due to severity of the COVID-19 he was unable to physically travel to Nagpur. However, applicant No.1 informed that payment has been made to the companies of applicant Nos.1 and 2 and physical delivery of the gold has been made to the proprietorship concern of the respondent No.2.

4. It is further stated in the present application that again a summons was received by the applicant No.1 from the respondent No.1 directing him to remain present on 21.7.2020 which was also replied to by the applicant No.1 on the above mentioned lines. Thereafter, again a third summons was issued asking applicant No.1 to remain personally present on 17.8.2020 before the Deputy Commissioner of Police.

5. It is further stated in the application that the respondent No.2 on 2.6.2022 filed a complaint under Section 190 read with Section 200 of the CRIMINAL PROCEDURE CODE before the Judicial Magistrate, First Class, Nagpur alleging commission of offences by the applicants punishable under various sections mentioned above. The complaint also prayed for a direction in terms of the provision of Section 156(3) of the Code of Criminal Procedure to the respondent No.1 to take cognizance of the complaint and register a First Information Report. The Judicial Magistrate, First Class upon receiving of the said complaint vide order dated 27.1.2023 was pleased to direct to treat the said application of respondent No.2 as a First Information Report. Pursuant to the said directions of the Judicial Magistrate, First Class, the respondent No.1 registered a First Information Report bearing Crime Crime No.0016/2023, dated 9.2.2023 against the applicants for the offences punishable under Sections 420 , 403, 406, 409, 417, 120-B read with Section 34 of the INDIAN PENAL CODE .

6. In the said First Information Report it is alleged that the applicants are gold merchants and Directors of the Companies M/s. G.K. Trexim Private Limited and M/s. Banka Bullions Private Limited at Kolkata. The applicant No.1/Gopal imp