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IN THE HIGH COURT AT CALCUTTA
CHAITALI CHATTERJEE DAS
Anchal Sood – Appellant
Versus
Diamond Timber Industries – Respondent
JUDGMENT :
CHAITALI CHATTERJEE DAS, J.
1. This Revisional Application was filed for quashing of a proceeding in connection with complaint case no. 14738/2020 under Section 420/406 of the Indian Penal Code, now pending before the Learned Metropolitan Magistrate , 16th Court, Calcutta. It is pertinent to mention herein that none appears to represent the Opposite Party in this case despite service. The postal endorsement reflected that no such person resides in the said address which was mentioned in the written complaint. Therefore the matter was heard in absence of the Opposite Party.
2. The Learned Advocate argued that the complainant is a business partner firm represented by Mr. Ashok Kumar Sharma. The accused person came to the office of the complainant company and represented himself to be a sole proprietor of his concern Himachal Timber and Saw Mills and having experience in dealing with various types of Plywood in the retail market of Panchkula (Haryana) having good reputation and good will in the retail marker of Panchkula. It was assured that if various types of plywood and timber are sold and supplied to him he can have a good business with the company in future. Accordingly
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....
A mere breach of contract does not amount to cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction.
Non-payment of dues does not constitute criminal cheating or breach of trust unless fraudulent intent is established from the inception of the transaction.
Mere non-payment for goods in a civil transaction cannot constitute cheating or criminal breach of trust under IPC; intent must be proven.
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