SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2010 Supreme(All) 2642

[2010(9) ADJ 279]
ALLAHABAD HIGH COURT
BEFORE : SHRI KANT TRIPATHI, J.
Smt. USHA GUPTA ….Applicant
Versus
STATE OF U.P. AND ANOTHER …Complainants/Opposite Parties
(Criminal Misc. Application Nos. 3205, 3206, 13532 and 20617 of 2008, decided on 9th August, 2010)

Advocates:
Counsel :
Vijai Tripathi, O.P. Singh, Sushil Shukla for the Applicant; Anurag Sharma, A.G.A. for the Opposite Parties.

Headnote:Criminal Procedure Code, 1973—Section 482—(Indian) Penal Code, 1860—Sections 415 and 420—Criminal proceedings—Quashing of—Cheating—Parties entered into a commercial contract—On which basis applicant agreed to purchase paper—Several transactions took place between parties—But, according to complaint applicant failed to pay certain amount in regard to few sale transactions—Question whether or not a particular transaction is of civil in nature is to be decided—An offence of cheating is not made out unless following ingredients exist—Deception of a person either by making a false or misleading representation or by other action or omission—And fraudulently or dishonestly inducement to delivery/retain any property—In present mere breach of contract does not amount to cheating—No offence made out under Section 420 of IPC—It is nothing but abuse of process—Proceedings quashed. [Paras 3, 13, 17, 19 and 20]

       Result; Petitions Allowed.

       

JUDGMENT

Hon’ble Shri Kant Tripathi, J.—Heard the learned counsel for the applicant and the respondent No. 2 and learned AGA for respondent No. 1 and perused the record.

2. These four petitions under Section 482 Cr.P.C. have been filed by the applicant Smt. Usha Gupta against the respondents and the controversy involved in the petitions is common, therefore, they are being disposed of together by this common order.

3. It appears that the respondent No. 2 is a partnership firm involved in the business of sale of paper and materials relating thereto. The applicant Smt. Usha Gupta is the Proprietor of M/s Ultra Pack, Kanpur. The respondent No. 2 and the applicant entered into a commercial contract on which basis the applicant agreed to purchase paper and paper materials from the respondent No. 2. It further appears that several transactions took place between the respondent No. 2 and the applicant and there had been sale of paper and paper materials by the respondent No. 2 to the applicant but according to the complaint, the applicant failed to pay certain amount in regard to few sale transactions due to which the respondent No. 2 filed four different complaints against the applicant in the Court of concerned Magistrate at Meerut with the allegations that the applicant had given full assurance to pay the entire sale consideration and on the basis of that assurance the respondent No. 2 made supplies but the applicant, despite receiving the supplies, failed to carry out her promises and thereby caused a wrongful loss to the respondent No. 2. It is also stated in the complaints that the applicant’s intention was dishonest from very beginning and she entered into the contract with that intention.

4. In Misc. Application (482) No. 3205/2008 the proceedings of the complaint case No. 4249 of 2007 has been impugned. The subject-matter of the said complaint is 08 Bills on which basis a supply of materials to the tune of Rs. 13,28,726.65 had been made and the applicant has made the payment of Rs. 9,62,492.60 and a sum of Rs. 3,66,234.05 has yet not been paid by the applicant and is due.

5. In Misc. Application (482) No. 3206/2008 the proceedings of the complaint case No. 4086 of 2007 has been impugned. The subject-matter of the said complaint is 14 Bills on which basis a supply of materials to the tune of Rs. 25,03,934.75 had been made and the applicant has made the payment of Rs. 18,50,000.00 and a sum of Rs. 6,53,934.75 has yet not been paid by the applicant and is due.

6. In Misc. Application (482) No. 13532/2008 the proceedings of the complaint case No. 4250 of 2007 has been impugned. The subject-matter of the said complaint is 04 Bills on which basis a supply of materials to the tune of Rs. 6,00,933.60 had been made and the applicant has made the payment of Rs. 70,701.00 and a sum of Rs. 5,30,232.60 has yet not been paid by the applicant and is due.

7. In Misc. Application (482) No. 20617/2008 the proceedings of the complaint case No. 231 of 2008 has been impugned. The subject-matter of the said complaint is 18 Bills on which basis a supply of materials to the tune of Rs. 34,30,761.90 had been made and the applicant has made the payment of Rs. 30,25,565.45 and a sum of Rs. 4,05,196.45 has yet not been paid by the applicant and is due.

8. The learned counsel for the applicant submitted that the dispute between the applicant and the respondent No. 2 is of civil nature and there is no material to show that the intention of the applicant was dishonest on the date of entering into the contract with the respondent No. 2. In the course of business the applicant received certain goods from the respondent No. 2 and made payment but if due to certain reasons could not make payment of the entire amount, the proper course for the respondent No. 2 was to file a civil suit for recovery instead of filing the complaints by bringing the dispute within the purview of the criminal Court.

9. The learned counsel for the respondent No. 2, on the other hand,























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

SupremeToday

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top