IMPORTANT POINT
A civil dispute may contain elements of criminal wrongdoing, and the existence of a civil remedy does not bar the initiation of criminal proceedings if the allegations suggest potential criminal offenses.

JUDGMENT :

(Mitali Thakuria, J.) :

Heard Mr. P. Sonawal, learned counsel for the petitioner. And also heard Mr. B. M. Choudhury, learned counsel for the respondent Nos. 1 & 2.

2. This is an application under Section 482 of Cr.P.C for quashing and setting aside of the order dated 23.11.2022 passed in C.R. Case No. 5768/2022 by the Court of learned Judicial Magistrate First Class, Kamrup Metro, Gauhati, Assam, whereby, the learned Court below took cognizance of the case against the petitioner under Sections 403/406/417/420/423/465/468/471/473/506/120(B) of the Indian Penal Code.

3. In brief, the case of the petitioner is that she was employed as Senior Relationship Manager in Black Short India Limited, a limited company incorporating under the companies act and presently she has been engaged in the manufacturing, marketing sale & distribution of liquor products for human consumption. The petitioner was appointed by the aforesaid company to look after the work assigned to her as per her post and responsibilities. The respondent filed a complaint against the present petitioner and others alleging inter-alia of cheating, fraud, wrongful loss, criminal breach of trust, forgery, misappropriation of property, threat etc., and also alleged that the Black Short India Limited has received an amount of Rs. 1,02,00,000/-(Rupees One crore two lakhs) from the respondents against their appointment as Carrying and Forwarding Agent (C&F). It is further alleged that the respondents had paid an amount of Rs. 1,02,00,000/-(Rupees One crore two lakhs) to the Black Short India Limited but they did not do any work as promised till May, 2021. It is further alleged that the respondents informed the Black Short India Limited and its employees that he has exhausted all his resources by paying the Black Short India Limited an amount of Rs. 1,02,00,000/-(Rupees One crore two lakhs) and hence, finally the respondents took the decision that they will not continue the business with the Black Short India Limited and asked the company to return an amount of Rs. 1,02,00,000/-(Rupees One crore two lakh) with interest of 10% within 7(seven) to 10(ten) days. But the said company and its employee have forged the signature of the complainant and used the forged documents as genuine to obtain additional amount from the complainant. The respondent has also filed a money suit before the Civil Judge Kamrup(M) which is numbered as Money Suit Case No. 92/2021 for recovery of money which is pending before the Court of learned Civil Judge No. 2.

4. It is further stated by the learned counsel for the petitioner that the allegations levelled against in the complaint by the respondents are vague and does not attract any criminal liability towards the petitioner, inasmuch as the allegations levelled by the complainant are apparently, result of their imagination or perceptions.

5. The actual fact is that the respondent No. 1 requested the Black Short India Limited Company to appoint them as their Carrying & Forwarding Agent (C&F) and considering their request, the respondent No. 1 was appointed as Carrying & Forwarding Agent for the State of Assam. For the aforesaid appointment, the respondent No. 1 had to pay an amount of Rs. 2,00,00,000/-(Rupees Two crore) (non-refundable) excluding confirmation amount of Rs. 3,00,000/-(Rupees Three lakhs) to the said company against the necessary permissions, registration, raw material and stock etc. Accordingly, the respondent No. 1 agreed to the said terms and conditions, he started to pay the said amount in installment basis and the company accordingly started the process for obtaining necessary permissions for the State of Assam and also for purchasing stock of raw material and other manufacturing and bottling products. The agreement in this regard was also sent to the respondents by the Black Short company but the same were not returned by the respondents after affixing their signatures.

6. Thereafter, the lock down was imposed due to spre