The main legal point established in the judgment is that for the offences of cheating and criminal breach of trust under Sections 406 and 420 of the IPC, the presence of dishonest intention at the time of inducement and evidence of dishonest misappropriation are essential.

Heard Mr. Manish Kumar, learned Advocate for the petitioners, Mr. Jharkhandi Upadhyay, learned Additional Public Prosecutor for the State and Mr. Pushkar Narayan Shahi, learned Senior Advocate for complainant/opposite party no. 2.

2. The petitioners have invoked the inherent power of this Court under Section 482 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) for quashing of the order dated 10.05.2013 passed in Complaint Case No. 1006 of 2012 by the learned Judicial Magistrate, Patna City, Patna whereby finding a prima facie case to be made out under Sections 406 and 420 of the Indian Penal Code (for short “IPC”), the petitioners have been summoned to face trial.

3. The complainant/opposite party no. 2 filed Complaint Case No. 1006 of 2012 in the court of Additional Chief Judicial Magistrate, Patna City alleging inter alia therein that he is the proprietor of M/S Prashant Packaging Industries, which has its registered office at Ghagha Ghat Lane at Patna. The accused Unnikrishnan Nambiar (petitioner no. 2), who was familiar to him since long, approached him at his registered office at Patna. After full satisfaction, he had agreed to purchase packaging materials from him. He had requested him to supply goods on credit and assured that he would make payment within the same financial year. It is stated that the complainant supplied packaging materials to the accused petitioners on credit, but the petitioners made irregular payment of the outstanding dues. A request was made to the accused petitioner no. 2 to make the payment of the outstanding dues of the supplied materials, but he failed to pay the due amount. Looking no way out, the complainant sent various legal notices to him, but he is evading to make the payment. It is stated that in the financial year 2009-2010, the total sum of Rs. 70,49,461.59/- was due against the petitioner and the huge due amount was also accepted by the petitioner no. 2, but neither the petitioners replied to the notices sent by the complainant nor did they make payment of outstanding dues to the complainant. It is stated that the aforesaid act of the accused persons has caused wrongful financial loss to the complainant.

4. On the basis of the aforesaid allegations, it has been alleged in the complaint that it is obvious that from the very beginning intention of the accused persons was to grab the hard earned money of the complainant.

5. After institution of the complaint, the complainant was examined on solemn affirmation and in course of inquiry conducted under Section 202 of the Cr.P.C., apart from the complainant, three witnesses, namely, Harikant Sharma, Ravindra Kumar and Shailendra Kumar were examined in support of the complaint.

6. In the statement made on oath, the complainant has alleged that on the order given by the petitioners, he had supplied goods worth Rs.84,99,461.61/- to them for which he had received payment to the tune of Rs.14,50,000/-. He has stated that an amount of Rs.70,49,461/- is still lying due against the petitioners for which legal notice was given, but no reply had been received. The witnesses examined in course of inquiry under Section 202 of the Cr.P.C. have also made identical allegations.

7. After conducting inquiry, the learned Judicial Magistrate, Patna City, vide order dated 10.05.2013, summoned the petitioners to face trial in exercise of powers conferred under Section 204 of the Cr.P.C. for the offences punishable under Sections 406 and 420 of the IPC.

8. Mr. Manish Kumar, learned Advocate for the petitioners has submitted that the petitioner no. 2 is a reputed businessman and doing business of export of textile material since last many years. He was the Director of Minar International Ltd. (petitioner no. 1). He has submitted that the petitioners had never entered into any business deal with any Bihar based firm having its office at Patna. However, he has submitted that a party doing business under the name and style of “Prashant Packaging”, ha