IMPORTANT POINT
The court established that allegations of cheating and forgery require a clear demonstration of fraudulent intent at the time of the transaction, and that the existence of a civil remedy does not preclude criminal prosecution if criminal intent is evident.

JUDGMENT :

Anil Kumar Choudhary, J.

Heard the parties.

2. Since both these Criminal Miscellaneous Petitions have been filed with a prayer for quashing the common F.I.R., order taking cognizance and the entire criminal proceedings in connection with Sadar (Hazaribagh) P.S. Case No.755 of 2016 corresponding to G.R. No.2522 of 2016 of the court of the learned Chief Judicial Magistrate, Hazaribagh, hence, both these Cr.M.Ps. are disposed of by this common judgment.

3. Both these Criminal Miscellaneous Petitions have been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with the common prayer for quashing the F.I.R, order taking cognizance dated 31.01.2023 and the entire criminal proceedings against the petitioners in connection with Sadar (Hazaribagh) P.S. Case No.755 of 2016 corresponding to G.R. No.2522 of 2016 whereby and where under the learned Chief Judicial Magistrate, Hazaribagh has taken cognizance for the offences punishable under Sections 420, 406, 467, 468, 471 of the Indian Penal Code and the said case is now pending in the court of learned Chief Judicial Magistrate, Hazaribagh.

4. The brief facts of the case is that the petitioner of Cr.M.P. No.1606 of 2023 namely Vijay Kumar Siroha @ Vijay Kumar @ Vijay Siroha is the Managing Director of M/s McRaygor Mechanicals Private Limited and the petitioner of Cr.M.P. No.1605 of 2023 namely Sushma Siroha @ Sushma @ Shushma Siroha is the Director of the said M/s McRaygor Mechanicals Private Limited. The allegation against the petitioners of both these cases is that they received a purchase order from their customers for purchase of Sewerage Disposal System of 5000 litre capacity mounted on TATA LPT 909 truck. On enquiry, the informant came to know that Mr. Vijay Kumar Siroha claims to have supplied more than 1000 such machines in different cities of India and abroad as per information available on his website at www.Mcraygor.com . On being approached by the informant, Mr. Vijay Kumar Siroha induced the informant to pay him Rs.9,00,000/- as advance for supply of such machines. After making the informant to believe that M/s McRaygor Mechanicals Private Limited has supplied more than 1000 such machines in different cities of India; Vijay Kumar Siroha issued a bill of such Sewerage Disposal System mounted on truck which chassis number and engine number and also handed over the copy of the invoice of one Balaji Motors purported to be the authorized dealer of Tata Motors and further induced the informant to pay Rs.6,25,000/-. It is alleged that the petitioners did not deliver the said Sewerage Disposal System mounted on truck till second week of April, 2015. Later on the petitioner Vijay Kumar Siroha assured the informant that he has dispatched the truck as ordered by the informant with Sewerage Disposal System mounted on the truck of the chassis Tata Model LPT 909 and also sent an invoice of one Balaji Motors but the informant on an inquiry found that the same is a forged document as there is no dealer of Tata Motors in Bahadurgarh or even in the entire state of Haryana and the TIN Number shown in the invoice of Balaji Motors was found to be forged. It is also alleged that the petitioner Vijay Kumar Siroha being the Managing Director and the petitioner Sushma Siroha being the Director of the said M/s McRaygor Mechanicals Private Limited, with an intention to cheat and to misappropriate the huge amount of money belonging to the complainant; by hatching out a plan, committed the said offence and have defrauded the informant.

5. Learned counsel for the petitioners submits that subsequently the petitioners issued a cheque of Rs.17,25,000/- which was dishonoured and for the same, the informant has filed Complaint Case No.1767 of 2015 in the court of learned Chief Judicial Magistrate, Hazaribagh. Learned counsel for the petitioners relies upon the order of the Hon’ble Supreme Court of India in the case of Kolla Veera Raghav Rao vs. Gorantla V