IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction

(APPELLATE SIDE)

Present:

The Hon’ble Justice Md. Shabbar Rashidi.

CRR 5269 of 2025

Dinesh Kumar Goyal & Anr.

Vs.

The State of West Bengal & Ors.

For the petitioner : Mr. Pratush Patwari.

Judgment on : 13/01/2026

Md. Shabbar Rashidi, J.:-

1. The instant revisional application has been filed at the behest of the

accused persons in criminal trial being G.R.N No.1391 of 2019 arising out of Posta Police Station Case No.162 of 2019 dated November 29, 2019 seeking quashing of the entire proceeding

therein.

2. It is submitted by the learned Advocate for the plaintiff that no case

under Section 406/420 of the Indian Penal Code was made out in the first information report lodged by the private opposite party, nevertheless, the police authority submitted charge-sheet under the

aforesaid Sections of law against the petitioners.

3. The learned Advocate for the petitioner also submits that the

petitioners are the Directors of Company. There were business transaction between the company of the petitioners and that of the

private opposite parties. In course of the business transaction, certain disputes with regard to the payment of consideration money or the purchased money cropped up for which several proceedings between parties were initiated.

4. The learned Advocate for the petitioner submits that the petitioners also approached the Civil Court at Rajasthan seeking recovery of money against the private opposite parties. As a counter blast of such civil suit, a complaint under Section 156(3) of the Code of Criminal Procedure was filed against the petitioner by the private opposite parties.

5. The learned Advocate for the petitioner relied upon a judgment of the Hon’ble Supreme Court in Inder Chand Bagri Vs. Jagadish Prasad Bagri & Anr. reported in 2025 INSC 1350 in support of his contention that the offence of criminal breach of trust and the offence of cheating cannot go side by side.

6. The learned Advocate for the petitioner also cited a judgment of the Hon’ble Supreme Court in Tuhin Kumar Biswas Vs. The State of West Bengal reported in 2025 INSC 1373 on the proposition that where there are civil dispute between the parties, the criminal court should go slow in proceedings a criminal case.

7. The petitioner approached to obtain loan from the private opposite parties and failed and neglected to repay the said loan. As per the case of the complainant, the private opposite party’s firm exported 5 containers of pomegranate to one of its existing buyers. The petitioners approached the private opposite party’s firm to supply containers of pomegranate. In such business one of the petitioners approached the complainant and made a requested to provide temporary accommodation of Rs.70,00,000/- . The complainant firm provided with an amount of Rs.55,46,000/- . There were business transaction between the firm and the petitioners. After sometime, when the complainant firm demanded back money from the petitioners, they tried to kill time. It was alleged that the petitioners had cheated the complainant firm with a sum of Rs.1,96,44,378.80/-.

8. The private respondent then lodged a written complaint which was registered as Posta P.S Case No. 162 of 2019 dated November 29, 2019 under Sections 420//406/120B of the Indian Penal Code, 1860 against the petitioner.

9. According to the learned Advocate for the petitioner, since there were business dealings in between the petitioner and the private opposite party firm, the petitioners cannot be alleged to have committed fraud or cheating of any money lent and advanced by the private opposite party. The learned Advocate for the petitioner also submitted that they had approached the Civil Court for realization of their dues prior to the institution of the First Information Report.

10. In the case of Tuhin Kumar Biswas (supra) it was held by the Hon’ble Supreme Court in paragraph 28 which is reproduced below:-

“28. Before parting with this case, this Court would like to emphas