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BIBHAS RANJAN DE
Sanjiv Paul – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Bibhas Ranjan De, J.
1. All the three revision applications have been preferred with a prayer for quashment of the proceedings in connection with Complaint Case No. 21630 of 2014 under Sections 418/420/406/120B of the Indian Penal Code (for short IPC), presently pending before the Ld. Metropolitan Magistrate, 18th Court, Calcutta.
2. The aforesaid revisional applications arising out of the self-same cause of action and having identical facts and circumstances, will be disposed of via this common judgement.
Brief introduction of the parties:-
3. With respect to CRR 2200, Petitioner Sanjiv Paul is the non-executive Chairman of M/s. Tata Metalliks D.I. Pipes Limited since 1st April, 2013. Prior to that he was Director (non-executive) of the said company.
4. With respect to CRR 316, Petitioner Shyamal Kanti Mahapatra holds the post of Assistant Divisional Manager of M/s. Tata Metalliks D.I. Pipes Limited and Santanu Banerjee is the General Manger marketing and sales of the said company.
5. With respect to CRR 3195, Petitioner Dipak Kumar Banerjee held the post of Non-Executive Director of M/s. Tata Metalliks D.I. Pipes Limited till 15th June, 2014, but thereafter he ceased to be th
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Fraudulent intent at the inception of a transaction is essential to establish cheating; mere breach of contract does not constitute a criminal offence.
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Mere non-payment for goods in a civil transaction cannot constitute cheating or criminal breach of trust under IPC; intent must be proven.
Point of law : exercise powers under Section 482 CrPC, the complaint in its entirety shall have to be examined on the basis of the allegation made in the complaint/FIR/charge-sheet and the High Court....
The court held that mere non-payment of dues in a commercial transaction does not constitute criminal offences under IPC Sections 406 and 420, emphasizing the distinction between civil and criminal l....
Non-payment of dues does not constitute criminal cheating or breach of trust unless fraudulent intent is established from the inception of the transaction.
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