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IN THE HIGH COURT AT CALCUTTA
AJAY KUMAR GUPTA
Pradyut Samanta – Appellant
Versus
State of West Bengal – Respondent
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]
| Table of Content |
|---|
| 1. facts underlying the case and related transactions. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 10 , 11 , 12 , 13) |
| 2. submissions presented by the petitioner. (Para 14 , 15 , 17) |
| 3. court's examination of evidences and legal provisions. (Para 18 , 19 , 22 , 23 , 24 , 26 , 28) |
| 4. ratio decidendi related to the establishment of criminal intent. (Para 20 , 21 , 25) |
| 5. final decision and quashing of proceedings. (Para 29 , 30 , 31 , 32) |
JUDGMENT :
AJAY KUMAR GUPTA, J.
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
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