The distinction between civil disputes and criminal offences is vital; mere breach of contract does not constitute criminal cheating without evidence of fraudulent intent.

JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revision has been preferred praying for quashing of Charge Sheet filed in Durgapur Police Station Case No. 425 of 2018 under Sections 420 and 406 of the INDIAN PENAL CODE , 1860 pending before the Court of the Learned 3rd Chief Judicial Magistrate at Durgapur, Paschim Bardhaman.

2. The allegations made by the Opposite Party No. 2 in the Written Complaint are as follows:-

i) ‘We, M/s Reliance Corporate IT Park Limited, are having our Regd. Office at Reliance Corporate Park Building No. 4, 5, TTC Industrial Area, Thane–Belapur Road, Ghansoli, Navi Mumbai – 400701 and local Office at a Neogie Auto Mansion, South NH2 City Centre Phaze II Durgapur District–Burdwan presently Paschim Burdwan, Circle office now at 17 & 18th Floor, Tower No.–2, Godrej Waterside, Plot No. 5, Block DP, Sector – V, Salt Lake City, Kolkata – 700 091, formerly at Eco Space Business Park, 4th Floor, Block 3B, Rajarhat, New Town, Kolkata–700 015.

ii) We were looking for a suitable accommodation for our office and commercial purpose. In course of our search, we came in contact with above named Mr. Debapratim Neogie, Mr. Debabrata Neogie and Mr. Subrata Neogie, all Directors of ‘Neogie Auto (P) Ltd’., and persons-in-charge, control and responsible for day to day affairs of their company ?Neogie Auto (P) Ltd., who represented that their company is having sufficient space to let out and offered us to take their premises for our office purpose.

iii) On expressing our requirements that we need round the clock supply of electricity, the above named persons assured to give us round the clock electric supply up to 60KV from their transformer already installed at the premises. We having expressed that we need additional power of 37KV of electricity Power over and above 60KV to run our office, the above named persons agreed and assured to increase the load as required by us.

iv) Believing in good faith in their representation and assurances, we agreed to enter into long term Sub-Lease agreement at their premises.

v) Accordingly a registered sub lease deed dated 21st April, 2015 was executed by and between the above named company and ourselves. In terms of sub-lease, the above named ‘Noegie Auto (P) Ltd.’, as Lessor granted lease in our favour in respect of 5000 sqt. little more or less area situated at Ground Floor and 1st floor comprised in Holding No. N/19, NH-2 South, Touzi No. 01 Mouza–Faridpur City Centre Durgapur – 16 J.L. No. 74 C.S. Plot No. 3395 (P) NH-2, Khatian No. 1362, L.O.P. No. 1 Ward No. 22 within Durgapur Municipal Corporation under the jurisdiction of the Office of the Additional District Sub-Registrar Durgapur District–Burdwan, Durgapur-713216 (W.B.) on the terms and conditions mentioned in the said Sub-Lease.

vi) Thereafter, agreement dated 09.04.2016 executed between said “Neogie Auto (P) Ltd.”, and ourselves, the above named persons agreed to provide us additional 37KV of electricity Power over and above 60KV to run our office.

vii) At the time of making such sub-lease Deed and subsequent agreement, the above named persons have promised and assured that there would be no impediment from any corner, what so ever it may be, for smooth running of our business. Amongst others, it was also assured that there would be uninterrupted supply of electricity.

viii) Believing upon their promises and assurances, we parted with an onet