Pradyut Samanta vs The State of West Bengal & Another

Q: Key Points

Issue of the case: Whether the criminal proceedings under Sections 406 and 420 of the Indian Penal Code, arising from a business dispute over unpaid dues in ongoing poultry feed supply transactions (totaling Rs. 1,02,22,252/- with payments of Rs. 75,61,200/- made regularly from 2012 to 2016), should be quashed under Section 482 of the Code of Criminal Procedure, 1973, for lack of dishonest or fraudulent intention at the transaction's inception, rendering the matter a civil dispute rather than criminal offenses of cheating or criminal breach of trust.[1][18][19][22][23][26][28]

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Cal) 478

IN THE HIGH COURT AT CALCUTTA
Ajay Kumar Gupta, J
Pradyut Samanta – Appellant
Versus
The State of West Bengal & Another – Respondent

Advocates:
For the Appellants/Petitioners: Mr. Tanmoy Chowdhury, Adv., Ms. Ritoprita Ghosh, Adv., Ms. Sulagna Sarkar, Adv.
For the Respondents: Ms. Anasuya Singh, Ld. APP, Mr. Sujan Chatterjee, Adv.

Judgement Key Points

Issue of the case: Whether the criminal proceedings under Sections 406 and 420 of the Indian Penal Code, arising from a business dispute over unpaid dues in ongoing poultry feed supply transactions (totaling Rs. 1,02,22,252/- with payments of Rs. 75,61,200/- made regularly from 2012 to 2016), should be quashed under Section 482 of the Code of Criminal Procedure, 1973, for lack of dishonest or fraudulent intention at the transaction's inception, rendering the matter a civil dispute rather than criminal offenses of cheating or criminal breach of trust.[1][18][19][22][23][26][28]

1. The instant Criminal Revisional application has been preferred under Section 482 of the Code of Criminal Procedure, 1973 (in short ‘Cr.P.C.), by the petitioner seeking quashing of the proceeding being Arambagh P.S. Case No. 1066 of 2016 dated 11.11.2016 under Sections 406/420 of the Indian Penal Code corresponding to G.R. No. 2090 of 2016, pending before the Court of the Learned Additional Chief Judicial Magistrate at Arambagh, District – Hooghly.

FACTS OF THE CASE:

2. The brief facts, leading to the filing of this instant Criminal Revisional application, are that the petitioner runs a small business of selling chicken and poultry feed under the name and style of Loknath Feed Centre. The business is registered with Harinkhola–2 Gram Panchayat, and has a valid trade certificate issued in its name.

3. Opposite Party No. 2 is a supplier of chicken and poultry feed. The petitioner has been buying feed from him regularly since 2012, and both parties had a long and smooth business relationship.

4. The supplier usually supplied goods on credit, and the petitioner made payments regularly, in cash, by cheque, and through bank transfer, and the supplier gave receipts for the same.

5. During

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2026 Supreme(Online)(Cal) 478

IN THE HIGH COURT AT CALCUTTAAjay Kumar Gupta, JPradyut Samanta – AppellantVersusThe State of West Bengal & Another – Respondent

Cases Referred (4)

IN THE HIGH COURT AT CALCUTTA
Ajay Kumar Gupta, J
Pradyut Samanta – Appellant
Versus
The State of West Bengal & Another – Respondent