Non-payment of dues does not constitute criminal cheating or breach of trust unless fraudulent intent is established from the inception of the transaction.

JUDGMENT :

Ajay Kumar Gupta, J.

1. This instant Criminal Revisional application under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioner/accused seeking for quashing of the proceedings being Complaint Case No. 122006 of 2016 under Sections 406/420 of the Indian Penal Code, 1860 pending before the Court of the Learned Metropolitan Magistrate, 3rd Court at Calcutta including Impugned Order dated 25.11.2016 passed in connection with the proceedings therewith.

2. The background facts, which led to filing of this Criminal Revisional application, may be adumbrated as under:

3. The Opposite Party No. 2 herein has filed and moved a petition of complaint before the Learned Metropolitan Magistrate being Complaint Case No. 122006 of 2016 alleging, inter alia, that in the month of September, 2015, the accused no. 1, Odyssey Infomedia Pvt. Ltd. approached the complainant through its Director, Mr. Ajit Kumar Sinha through an E-Mail as they were in need of banquet halls to hold an exhibition-cum-conference summit in the month of November, 2015. In reply to their e-mail, the complainant has arranged three banquet halls, namely, Rosewood, Banyan and Ebony for exhibition-cum-conference summit and necessary rental charges for hall, lunch and dinner were fixed.

4. As per the agreement, the aforementioned three banquet halls were rented out to the accused no. 1 for holding their exhibition-cum-conference summit from 9 am to 11 pm on 27.11.2015. After the completion of aforesaid event, a bill for the food and rental charges of Rs. 2,18,425/-was raised but the same was not paid by the accused person.

5. On requesting for payment of the said amount, Mr. Ajit Kumar Sinha assured them that the bill amount would be paid. Subsequently, based on the assurance given by Mr. Ajit Kumar Sinha, the accused no. 2 issued cheque being no. 012823 amounting to Rs. 2,18,425/-in favour of the complainant to discharge their liability. However, the said cheque was returned by the bank on 02.12.2015 with remarks “dishonoured for insufficient funds”.

6. After the said cheque was returned, the matter of its dishonour was reported to the accused nos. 2 and 3. In response, they stated that they were facing a financial crisis but assured that they would arrange the money and make the payment as soon as possible.

7. After a considerable period of time, the accused nos. 2 and 3 issued two fresh cheques drawn on the Central Bank of India, Sehani Branch, Meerut Road, Ghaziabad, U.P., 201003 amounting to Rs. 1,00,000/-dated 15.04.2016 and Rs. 1,18,425/-dated 20.04.2016 in favour of the complainant. Both the cheques were presented to the bank for encashment, but, were dishonoured due to “insufficient funds”.

8. The matter was once again reported to the accused nos. 2 and 3. They requested some time to arrange the payment of the Bill amount. However, the accused person did not make any effort to pay the money.

9. After a long period of time, the accused persons transferred a sum of Rs. 1 Lakh in favour of the complainant. However, the remaining outstanding balance of Rs. 1,18,425/-has not yet been paid. The accused persons continued to avoid payment and eventually denied making the payment. Therefore, they intentionally cheated the complainant in furtherance of their common criminal conspiracy.

10. On the other hand, Petitioner herein claims that he is the Director of the Odyssey Infomedia Pvt. Ltd. located at 3