IMPORTANT POINT
The main legal point established is that for an offence under Section 420 of the IPC, there must be a dishonest inducement, and in the absence of specific allegations, the court can quash criminal proceedings under Section 482 of the CrPC.

JUDGMENT :

Heard Mr. Avik Ghatak, learned counsel for the petitioner. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor for the respondent No. 1.

2. Notices were served to opposite party (OP for short) No. 2 but the OP No. 2 is not represented.

3. The petitioner in this case is Suprio Ghose alias Supriyo Ghosh. He has filed this application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC for short) with prayer for quashing the CR Case No. 174/2020 filed by the OP No. 2 Sri Banwarilal Sutodiya, the Director of Sri Ram Tea Company Private Limited.

4. The case of the petitioner is that he used to work as the Assistant General Manager at Assam Tea Brokers Private Limited, Kolkata, till his retirement in the year 2022. The OP No. 2 works for Shri Ram Tea Company Private Limited. The Koyah Tea Estate situated at Hailakandi under Lala Police Station, is a tea estate under the Shri Ram Tea Company Private Limited with its office at Kolkata. The Koyah Tea Estate is a producer of green tea and a manufacturer of bulk tea.

5. The OP No. 2 sold 9780 kgs of tea to the firm belonging to the co-accused of the petitioner namely M/S Aryan for an amount of Rs.32,25,425/-(Rupees Thirty Two Lacs Twenty Five Thousand Four Hundred Twenty Four) and the liability of Rs.29,93,228/-(Rupees Twenty Nine Lacs Ninety Three Thousand Two Hundred Twenty Eight) was accepted by the petitioner’s co-accused by a letter dated 03.12.2019. A sum of Rs.9,32,196/-(Rupees Nine Lacs Thirty Two Thousand One Hundred Ninety Six) was paid by the co-accused and the balance amount of Rs.22,93,228/-(Rupees Twenty Two Lacs Ninety Three Thousand Two Hundred Twenty Eight) was yet to be paid with the interest rate being 18% per annum. The petitioner and his co-accused visited the office of the OP No.2 and they had a discussion over the matter. The co-accused Sri Abhijit Ghosh assured that the payment would be made on 13.02.2020 and when the OP No. 2 requested for payment to be made in instalments, there was a heated exchange and the co-accused Sri Abhijit Ghosh verbally abused the OP No. 2 and also threatened him with dire consequences and as such the complaint petition was filed.

6. After the said incident, a complaint, more particularly, Annexure-3 of the petition was filed by the OP No. 2 before the learned Chief Judicial Magistrate, Hailakandi and the case was transferred for disposal to the Court of the learned Judicial Magistrate 1st Class (Magistrate for short) on 28.02.2020. The OP No. 2 was examined under Section 200 of the CrPC on 28.02.2020 along with two other complaint witnesses. On finding sufficient grounds to proceed, cognizance was taken against the petitioner and his co-accused Abhijit Ghosh for offences under Sections 420/34 of the Indian Penal Code (IPC for short). The petitioner appeared before the learned trial Court and was thereafter, enlarged on bail.

7. It is contended that this case was filed against the petitioner with the objective of harassing the petitioner and the co-accused and this has impelled the petitioner to prefer this petition on the following amongst other, grounds:

(i) The CR Case No. 174/2020 will be an abuse of the process of the Court as it was initiated with malafide with the objective of harassing the petitioner.

(ii) The allegations in the complaint petition exfacie do not constitute any offence to proceed or for initiation of such a proceeding under Section 420/34 of the IPC.

(iii) A bare perusal of the petition reveals that a civil dispute has been given a criminal colour as it has been mentioned in the complaint petition that the accused have already paid a substantial portion of the amount due.

(iv) A mere breach of contract does not fall within the definition of cheating and instead of brining up a civil suit, the criminal case has been brought up against the accused with intent to coerce the accused with undue demands.

(v) ‘Mens rea’ to cheat is the most vital ingredient from the very inception, which is lackin