Criminal proceedings for cheating require clear evidence of fraudulent intent and misrepresentation; mere breach of contract does not suffice to constitute a criminal offense.

JUDGMENT :

Golmei Gaiphulshillu, J.

1. Heard Mr. H. Kenajit, learned counsel appearing for the petitioner and Mr. T. Rajendra, learned sr. counsel appearing for the respondent.

2. The present petition has been filed under section 482 of the Code of Criminal Procedure 1973 for quashing/ setting aside the impugned order dated 06.05.2014 passed by the Ld. Chief Judicial Magistrate, Imphal East, Manipur in connection with a complaint case which is registered as Cril. (C) Case No. 55 of 2014 (cognizance of offences under section 417, 419,420 read with section 34 of the IPC is taken) and further proceedings of the said complaint case with the following prayers;

i. To quash the impugned order dated 06.05.2014 (Annexure-C/5) and further proceedings of the Cril.(C) Case No. 55 of 2014; and

ii. For passing ex-parte interim order for staying the order dated 06.05.2014 of the Ld. Chief Judicial Magistrate, Imphal East, Manipur and to recall the warrant of arrest issued to the petitioner and also to stay the further proceedings of the Cril. (C) Case No. 55 of 2014 before the Hon’ble Chief Judicial Magistrate, Imphal East, Manipur during the pendency of the present petition.

3. According to the learned counsel for the petitioner, the Ld. CJM, Imphal East has failed to apply its judicious mind while issuing warrant of arrest against the petitioner/accused person in the complaint case filed by the respondent/complainant which was registered as Cril. (C) Case No. 55 of 2014 (cognizance of offences under section 417, 419, 420 read with section 34 of the IPC) taken against the petitioner. Since then the criminal proceedings against the petitioner is going on in full swing.

4. Chequered history of the petitioner leading to the filing of this petition u/s 482 of the CRIMINAL PROCEDURE CODE , 1973 is as follows:-

As the petitioner was working as a Vice-President, Marketing of M/S Mekaster Engineering Pvt. Limited (in short MEL), of a Company registered under the Company Act, 1956 having its registered Office at Plot No. 32, Sector 1, Parwanoo Industrial Estate, Solan District, Himachal Pradesh- 173220. The petitioner has submitted his resignation on 12-03-2014 which was accepted by the MEL on 23-04-2014.

The respondent company and MEL was having its business relations over a decade for placing orders and MEL was supplying the orders placed by the respondent company. On 07.12.2012, the respondent Company and M/S Mekaster International Private Ltd. (one of the Mekaster Group of Companies) entered into an agreement in Andhra Pradesh for placing a purchase order for the supply of Road Header Machine, Model T 3.2Q to be delivered to its Rangit Hydro Electric Project at Sikkim and an advance payment of Rs. 5 Crore only was made by the respondent company vide Cheque No. 279207 dated 07-06-2011. Further, it was agreed in its agreement that instead of cash refund of Rs. 4.40 Crore, the respondent company agreed to place an order for supply of three (3 Nos.) Shotcrete Machines PM 500 to the Second party.

Again on 20.12.2013, the respondent Company and the MEL entered into an amendment agreement in Andhra Pradesh thereby amending the terms and conditions of the agreement dated 07.12.2012. Original signed copy of the agreement is with the respondent Company.

The respondent filed a complaint case before the Ld. Ch