The judgment established the importance of examining the essential ingredients of alleged criminal offenses and distinguishing between civil and criminal nature disputes.

1. Heard Mr. D. Mazudmar, learned counsel for the petitioners and Mr. A.M. Mazudmar, learned senior counsel assisted by Ms. N. Saikia, learned counsel appearing for the respondent.

2. The quashment of the criminal proceeding being Criminal Case No. 1789C of 2003 pending before the learned Sub-Divisional Judicial Magistrate (Sadar) No. 1 Guwahati initiated on the basis of the complaint filed by the respondents for alleged commission of offences under sections 406/417/420/427, IPC against the petitioners has been sought in this revision petition filed under section 482 read with section 397 of Cr.P.C.

3. The pleaded case herein is that in the compliant as mentioned above filed by the respondent, inter alia, alleged that respondent as Complaint being the Director of M/s. Eden Cold Storage (P.) Ltd., entered into an agreement with the petitioners/accused, being partners of the company under the name and style of 'Quality Potato Company' situated at Jalpaiguri in the State of West Bengal for supply of Potatoes on 1.3.2003 and as per agreement the petitioners were to supply 15,000 quintal of potatoes to the respondent complainant at the rate of Rs. 278 per quintal inclusive of costs and expenses, freight charges and the supply should be made within 14.3.2003. The Respondent paid an amount of Rs. 20 lakh as advance to the petitioners for supply of potatoes. Another agreement was also made between them on 6.3.2003 for supply of 9,000 quintals of potatoes at the rate of Rs. 276 per quintal under the same terms and condition as made in the earlier agreement and there also respondent paid an amount of Rs. 9 lakh as advance.

4. However on 14.3.2003 the respondent received the potatoes supplied with the accused but found the same to be inferior in quality. As per the agreement the petitioners were bound and liable to supply potatoes of mature quality with matured skin but in the instant case petitioners with a view to cheat the complainant and to gain more, supplied inferior quality potatoes in contravention of the terms and condition of the agreement. Though the respondent immediately communicated such situation to the petitioners for violation of clause 6 of the agreement, the petitioners did not pay any heed to such complaint rather served a notice to the complainant on 1.4.2003. The petitioners using strong sentences denied those allegations brought by the respondent and further threatened the respondent unless and until he made the payment of their dues within a fortnight. In fact the respondent was not liable to pay unless he was supplied with potatoes as per terms and condition of the agreement. Under such factual situation it was complained that the accused with a mala fide motive supplied inferior quality of potatoes intentionally violating the terms and condition of the agreement with a view to cheat the rising and amateur business of the respondent at Guwahati, by making a prayer in the complaint itself to take cognizance of the offence against the petitioners under section 406/417/420/427, IPC.

5. Relying on the averments and statements made in the complaint itself, the learned counsel Mr. D. Mazumdar, at the very outset, has strenuously contended that ex-face the allegations made in the complaint do not give rise to the essential ingredients for taking congnizance of offence under sections 406/417/420/427, IPC. Further he has submitted that the entire case is of civil nature and the same is evident from the statements made in paragraphs 8 and 10 of the petition wherein the complainant/respondent admitted himself that the petitioners had intentionally violated the terms and conditions of the agreement particularly clause 6 of the agreement as per his allegation of inferior quality potatoes were being supplied.

6. Mr. D. Mazumdar has also drawn attention to this court to the communication made by the petitioners to the respondent as regards the payment of their outstanding bills of Rs. 9,34,543 and assurance was given by the responde

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