A mere breach of contract does not constitute an offence under Section 420 IPC unless fraudulent intention is established at the time of the promise.

JUDGMENT :

Tirthankar Ghosh, J.

1. The present revisional application has been preferred challenging the proceeding arising out of a complaint case being CR Case No. 333 of 2017 under Section 420 and 120B of the Indian Penal Code pending before the Learned Judicial Magistrate 3rd Court Siliguri.

2. The allegations made in the petition of complaint were to the effect that as follows:

“That the Complainant company represented by the authorize signatory namely Ramesh Maheshwari carries on its business of is a resident of Sri Ram Market, Sevoke Road, Siliguri – 734001.

That in pursuance of accused person's order the complainant company supplied 11 nos of 630 mm PN 4 PE 80 HDPE Pipe (6 Mtr. Long) amounting to Rs. 4,75, 200.00 to the accused persons vide tax invoice no UPPLT/029/16-17 and Challan No. 029/16-17 dated 06.12.2016 upon receipt of Rs. 1,50,000/- as advance and the accused persons assured the complainant to pay the balance amount of Rs. 3,25,000/- (Approx) to and in favour of the complainant company upon receipt of goods by the accused persons.

That considering the relationship between the complainant and the accused persons the complainant supplied the above materials as per the demand of the accused persons and the said materials duly received by the accused persons.

That subsequently the accused persons intentionally avoided and neglected to pay the complainant company the said balance amount of Rs.3,25,000/- (Approx) despite several request and reminders vide letters dated 22.12.2016, 16.01.2017, 16.02.2017 & 06.04.2017 were made by the complainant company to the accused persons.

It is not out of place to mention herein that against the above referred letters of the complainant company the accused persons denied to make payment to the complainant company on false, incorrect, vague and baseless allegation though it was admitted by the accused persons regarding receipt of the above materials by them.

That it is stated herein that inspite of correspondence the accused persons are ignoring the payment of dues to the complainant company, though the accused persons are willful and deliberate failure, refusal and neglect to make payment of the said amount of Rs. 3,25,000/- (Approx) to the complainant, the accused persons have dishonestly altered and destroyed the amount for their personal gain, that the said amount was a valuable security, which the accused persons has fraudulently, intentionally and dishonestly converted into a valuable security in the accused persons name.

That the accused persons said act of malicious, motivated, willful and fraudulent act/s clearly and manifestly proves the fact that the accused persons have fraudulent & dishonest intention of cheating.

That due to non-payment of aforesaid outstanding sum of Rs. 3,25,000/- (Approx) to the complainant has been computing huge financial loss and mental agony.

That the complainant upon good faith and upon the accused persons request, representations, and assurances that the accused persons would pay to the complainant the balance amount of goods supplied to them as afore stated.

That despite the complainant regular follow-ups and inspite of the complainant's repeated requests, reminders, and demands and sufficient opportunities granted to the accused persons, the accused persons had willfully and deliberately failed, refused and neglected to make payment of the outstanding dues of Rs.3,25,000/- (Approx).

That the accused persons have miserably failed neglected and refused to make payment of the said outstanding dues of the complainant amounting to Rs.3,25,000/- (Approx).

That the accused persons therefore committed the offence of criminal conspiracy and cheating with the ulterior motive of defrauding the complainant and causing wrongful loss to the complainant in every aspect.

That the accused persons have therefore cheated the complainant by fraudulently and dishonestly inducing the complainant to supply goods as above by the accused persons and intentionally induced the c