IMPORTANT POINT
The court emphasized that for the offence of cheating, fraudulent or dishonest intention at the time of making the promise or representation is essential.

JUDGMENT

1. The respondent No. 2 has lodged an FIR on 27.03.2019 before the Officer-Incharge Jowai Police Station, West Jaintia Hills District stating that on the second day of November, 2016, he was approached by the petitioner herein with an offer for sub-contract work for laying of optical fibre cable for a stretch of 35 kms from Khliehriat to Lumshnong in the East Jaintia Hills District. Thereafter, the petitioner on behalf of Neon Mobicom and Tele Systems Pvt. Ltd and the respondent No. 2 executed an Agreement for the same. The respondent No. 2 then deposited the security deposit of Rs. 4,10,000/- (Rupees four lakhs ten thousand) only, which is supposed to be refunded on completion of the work.

2. The respondent No. 2 went on to state that after completion of about 26 kms of the work, he contacted the petitioner who did not respond to his calls, but had only send text messages that he is busy. Then the Company situated at Balaji Chamber, Wanawadi, Jambhulkar Chowk, Pune was contacted and they responded by assuring that the petitioner will come in the first week of December, 2018 to inspect the work done and to release the bill for the work done. On the failure of the petitioner to come and meet the respondent No. 2 and to pay the said dues, a pleader's notice was also served upon the Company and again on no response received from the petitioner, the respondent No. 2 then lodged the said FIR seeking legal relief.

3. On receipt of the said FIR, the Office-Incharge Jowai Police Station registered a case being Jowai P.S. Case No 54 (3) of 2019 under Section 420 IPC and an Investigating Officer was assigned to launch investigation.

4. The petitioner came to know of the said complaint only when the police came to the Corporate Office of the Neon Mobicom & Tele Systems Pvt Ltd. and the statement of the Commercial Manager, Shri Pravin T. Borawake was recorded.

5. Being highly aggrieved with the lodgement of the said FIR, the petitioner has accordingly approached this Court with this instant application with a prayer to set aside and quash the said FIR dated 27.03.2019 filed by the respondent No. 2.

6. Mr. D. Sarmah, learned counsel for the petitioner has submitted that the respondent No. 2 was engaged by the petitioner as a sub-contractor in a project for Defence Network against package-G State of Meghalaya which project was undertaken by the BSNL through A2Z Infra Engineering Ltd. The work was then handed over to the petitioner's Company for installation of cable route from Khliehriat to Lumshnong in the State of Meghalaya, who as stated, entered into an agreement with the respondent No. 2 entrusting him to carry on the said work of laying the cable laying work. To expedite the work, the petitioner has also supplied about fifty lakhs worth of materials to the respondent No. 2.

7. The learned counsel also submits that the respondent No. 2 has accordingly started the work, but the same was not done as per the guidelines prescribed by the A2Z Infra Engineering Ltd and for the extent of the work done, the site engineer engaged by the A2Z Company found that a major portion of the work done was defective. The respondent No. 2 and the petitioner were directed to rectify the same.

8. The respondent No. 2 did not make the required rectification even after 9(nine) months and no claim was made against the work done since bills in this regard was not forwarded to the petitioner.

9. The learned counsel further submits that surprisingly, the respondent No. 2 has filed the said FIR dated 27.03.2019 only to avoid his responsibility and to pressurise the petitioner to release payment without the necessary approval for the work allegedly done.

10. Maintaining that the allegations in the said FIR does not disclose any ingredients for an offence of cheating, at best, the dispute can be looked at as a civil or contractual dispute, continuation of the proceedings in Jowai P.S. Case No 54 (3) of 2019 under Section 420 IPC against the petitioner is an abuse of t