The main legal point established is that fraudulent or dishonest intention is a precondition to constitute the offence of cheating under the Indian Penal Code.

JUDGMENT :

Both the cases are arising out of same complaint case and in view of that, both the cases have been heard together with consent of the parties.

2. Heard Mr. Rishav Kumar, learned counsel for the petitioner, Mrs. Ruby Pandey and Mrs. Shweta Singh, learned counsel for the State and Mr. Saurav Kumar, learned counsel for opposite party no.2.

3. In Cr.M.P. No.1795 of 2012, the prayer is made for quashing of the entire criminal proceeding in connection with C/1 Case No.1711 of 2006 including the order taking cognizance dated 09.11.2006 passed by the learned Chief Judicial Magistrate, Jamshedpur and also for quashing the order dated 11.04.2008, pending in the Court of the learned Sub Divisional Judicial Magistrate, Jamshedpur. In Cr.M.P. No.1800 of 2012, the prayer is made for quashing the orders dated 09.06.2008, 19.08.2008, 17.01.2009, 23.03.2009, 06.07.2009, 16.11.2009, 05.01.2011 and 05.06.2012, whereby, bailable warrant of arrest, non-bailable warrant of arrest, fresh non-bailable warrant of arrest, processes under Sections 82 and 83 Cr.P.C., fresh non-bailable warrant of arrest and fresh processes under Sections 82 and 83 Cr.P.C. respectively have been directed to be issued against the petitioner in connection with C/1 Case No.1711 of 2006, pending in the Court of the learned Sub Divisional Judicial Magistrate, Jamshedpur.

4. The complaint case was filed alleging therein that the complainant is a Director of one Consultancy Firm named M/s. Anjaneya Consultancy Pvt. Ltd. (ACPL), District Seraikella-Kharsawan and who are the experts and providers of consultancy services including know-how for installing and commissioning of Mini Blast Furnace unique of its kind in India.

The accused Vivek Agarwala is a Director of M/s G.N. Coke Mfg. Co. Pvt. Ltd. at Chirkunda, Dhanbad who had been in friendly terms and previous business relations with the complainant and other Directors of complainant company through M/s Anjaneya Ispat Ltd. another company in which the complainants are also amongst Directors.

The abovenamed accused with others approached the complainant and proposed to hire the consultancy services with technical know-how for installing and commissioning of Mini blast furnace at Chirkunda, Dhanbad and as such a written agreement between M/s Anjaneya Consultancy Pvt. Ltd. represented by its Director Mr. Ajit Singh, the complainant and M/s G.N. Coke Mfg. Co. Pvt. Ltd., represented by its Director Vivek Agarwalla, the accused was duly signed and executed at Jamshedpur on 16.09.2005 to the above effect wherein mutually agreed terms and conditions were stipulated.

In accordance with the aforesaid agreement, the accused had to pay total amount of Rs.45,00,000/-as Consultancy Service Charges out of which Rs.5,00,000/-were to be paid at the time of signing the agreement termed as down payment and Rs.2,00,000/-per month was to be paid by every 10th day of calendar month for next seven month, starting after one month of signing of the agreement and the balance amount was to be paid in five equal instalments after two months of production as stipulated vide Clause C captioned as Consultancy Charges of the agreement.

The accused persons at the time of signing and executing the aforesaid agreement, very cunningly with malafide intentions impressed upon the complainant on the stake of their personal as well as previous business relations with the complainants that they would pay the signing amount of Rs.5,00,000/-and the subsequent instalments after obtaining the loan from their bankers as applied for and which they would receive after submitting the said agreement to the bank complying with other formalities required and as such the accused requested the complainants to bear with till such time, they receive the loan from the bank. The complainant considering their good relations with the accused and as induced by them, acceded to their request in good faith.

The complainants bearing with the false promise and assurances made by the