A purely commercial dispute or contractual breach lacking evidence of dishonest intention from the inception cannot be pursued as a criminal offense. Courts must ensure mandatory procedural inquiries are conducted to prevent the abuse of the legal system for settling civil disagreements.

JUDGMENT :

CHAITALI CHATTERJEE DAS, J.

1. This Revisional Application was filed for quashing of a proceeding in connection with complaint case no. 14738/2020 under Section 420/406 of the Indian Penal Code, now pending before the Learned Metropolitan Magistrate , 16^th Court, Calcutta. It is pertinent to mention herein that none appears to represent the Opposite Party in this case despite service. The postal endorsement reflected that no such person resides in the said address which was mentioned in the written complaint. Therefore the matter was heard in absence of the Opposite Party.

2. The Learned Advocate argued that the complainant is a business partner firm represented by Mr. Ashok Kumar Sharma. The accused person came to the office of the complainant company and represented himself to be a sole proprietor of his concern Himachal Timber and Saw Mills and having experience in dealing with various types of Plywood in the retail market of Panchkula (Haryana) having good reputation and good will in the retail marker of Panchkula. It was assured that if various types of plywood and timber are sold and supplied to him he can have a good business with the company in future. Accordingly the complainant pursuant to the order of the accused person sold and supplied various types of plywood described in the invoice against its proper invoice cum challan which is as follows:-

3. It is the further case of the petitioner that after delivery of the goods an amount of Rs. 7, 89,968/- was paid to the petitioner company as a part payment and thereby a balance sum of Rs. 5, 00,000/- was left to be paid to the complainant company. Despite repeated request and reminders the accused did not pay the said amount and the complainant through its advocate issued a legal demand notice on February 10, 2020 which was posted on February 11, 2020. The said notice was sent to his correct address but neither A/D nor the unserved postal envelop returned to the complainant till date.

4. The present petitioner is a business man and is a proprietor of M/s Himachal Timbers & Saw Mills engaged in procurement of supply and manufacture of timber and in the State of Haryana and its adjoining states and in North India. It is the specific case of the present complainant that he has paid an amount of Rs. 17,89,968 to the Opposite Party but there was some dispute regarding quality of the products supplied to the Opposite Party and hence an amount is lying due .It is further submitted that he never received any demand notice from the firm of the Opposite Party and only after a long period of around 6 years received the summons dated 23/11/21 from the Court of Metropolitan Magistrate , 16^th Court Calcutta whereby he was directed to appear before the Learned Court on March 8,2022.

5. The Learned Advocate argued that the complaint lodged by the Opposite Party no. 2 is primarily not maintainable as the entire cause of action arose within the jurisdiction of the criminal Courts of Bhavnagar, Gujrat and it is barred under Section 177 of Cr.P.C. Further submitted that a civil dispute could have been relating to part payment but no intention to deceive or defraud from the inception can be found from the four corners of the written complaint. It is