IMPORTANT POINT
The court established that allegations of a civil nature, even if they may suggest a criminal wrong, do not warrant criminal proceedings if they do not disclose a prima facie case of a cognizable offense.

JUDGMENT :

HONOURABLE MRS. JUSTICE MARLI VANKUNG

Heard Mr. T. Lanunsiama, learned counsel for the petitioners along with Mrs. Mary L. Khiangte, learned Additional Public Prosecutor for the state respondent Nos. 1 to 5. The private respondent no. 6 remained unrepresented in the various court dates though affidavit showing that notice was served to her on through Dasti Service was filed on 05.03.2024.

2. The instant criminal petition is filed under Section 482 Cr.P.C, 1973, to quash the First Information Report filed by the respondent no.6 and registered as BK PS Case No. 247/2023 dated 23.03.2023 under Section 420/406/34 IPC against the petitioners.

3. The learned counsel for the petitioners submits that the FIR dated 23.03.2023 was filed by the informant stating that in the year 2013, the informant had lent a sum of Rs. 160 lakhs to respondent No. 2/Pahlira of Lungmuat and his colleagues at her residence at Chaltlang for doing a contract work i.e., for upgradation of Serkhan – Bagha road which was awarded to the petitioner No. 1/Zahnuna of Zemabawk. Further, she had also borrowed loan amounting to Rs. 160 lakhs from HDFC Bank using her business KTC which was also spent for performing the said contract work in which she had mortgaged her residential building and land, which is being repaid by her till date. The FIR stated that the money is still not repaid to her by the petitioners despite the fact that they all withdrew their bills along with their security deposit. The FIR is filed in order to get back her money and she prayed that necessary action as per law be taken. The FIR was accordingly registered as BK PS Case No. 247/2023 dated 23.03.2023 under Section 420/406/34 IPC.

4. The learned counsel for the petitioners submits that the petitioners being in danger of being arrested had applied for anticipatory bail which was granted to both of them. That the petitioner No. 1 is a Class-I Contractor having registration No. 38/E-In-C-I/2022 since many years back and has gained a good reputation for his contract works and that some persons have been using his certificate/registration because of his outstanding performance for which he sometimes earns small profit/commission. The petitioner No. 2 is a prominent citizen and one of the Village Council members at Lungmuat, Kolasib District having a good reputation and doing contract work under registered contractor/s like the petitioner No. 1. The learned counsel for the petitioners submits that the petitioners have no involvement in the alleged case/offence under Section 420/406/34 IPC. He further submits that the involvement of the instant petitioners involves no act of criminal nature and that the handing over of money on 26.06.2013 was executed by Sh. Hmingdailova Khiangte, who is the husband of the informant/complainant and there is no involvement of the informant/complainant.

5. The learned counsel for the petitioners submits that this case has a long history and submits that in the year, 2008 Sh. Hmingdailova Khiangte (husband of the informant) was an elected member of the Legislative Assembly. During his campaign, the petitioner No. 2 was one of his star campaigners. In the year 2013, Sh. Hmingdailova Khiangte got a contract work of up-gradation of Serkhan – Bagha road in which the petitioner No. 2 and four to five other persons being top campaigners of Sh. Hmingdailova Khiangte, were also given the work as Sub-Contractors. The contract work involved huge amount of money which required Class-I Contractor. Hence, Sh. Zahnuna/petitioner No. 1 was approached and using his certificate/registration of Class-I Contractor, the contract work was started. The bill including running bill was credited to the bank account of petitioner No. 1 and the same was given to other fellows as per their work amount.

The letter dated 26.02.2013 which is Pawisa Inhlanna (handing over the money) was executed by Sh. Hmingdailova Khiangte and respondent No. 6, wherein Sh. Hmingdailova Khiangte credited Rs. 160