IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr.M.P. No. 1706 of 2024

1. Ravi Vaswani, aged about 62 years, S/o Late Gyan Chand Vaswani,

Partner of M/s. Kwality Industries having its office at Amna Seoni Area, Near Vidhansabha Road, P.O. & P.S. –Mowa, District –

Raipur, PIN -492001.

2. Yashwant Vaswani, aged about 39 years, S/o Ravi Vaswani, Partner

of M/s. Kwality Industries, having its office at Amna Seoni Area, Near Vidhansabha Road, P.O. & P.S. –Mowa, District –Raipur, PIN

-492001. .... Petitioners

Versus

1. The State of Jharkhand

2. M/s Brahmdeo Sinha & Company, Hard Coke Private Limited, a

company incorporated under Companies Act, 1956, having its office at 301, Sri Ram Plaza, Bank More, P.O., P.S. & District –Dhanbad, represented by its Authorized Representative Sri Pradip Adhikari, son of Late Niranjaj Adhikari, resident of Gandhi Nagar, P.O.+P.S.

& District –Dhanbad. …. Opp. Parties

P R E S E N T

HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. Anurag Kashyap, Advocate For the State : Mr. Sunil Kr. Dubey, Addl. P.P.

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By the Court:-

1. Heard the parties.

2. Though notice has validly been served upon the opposite party

no.2, no one turns up on behalf of the opposite party no.2 in-spite

of repeated calls.

3. This criminal miscellaneous petition has been filed invoking the

jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with the prayer to quash the entire criminal proceeding of C.P. Case No. 248 of 2022, including the order dated

06.07.2023 by which the learned Judicial Magistrate -1st Class, Dhanbad has taken cognizance of the offence punishable under Section 406/420 of the Indian Penal Code.

4. The allegation against the petitioners is that the petitioner nos. 1 & 2 being the partners of Kwality Foundry Industries purchased coal from the complainant-company. The petitioners used to purchase coal from the complainant -company for a considerable period of time and used to make payments in round figures and thus an amount of Rs.11,92,555/- became due and payable, over a period of time, which he did not pay. Basing upon the complaint, statement of the complainant on solemn affirmation and statement of the inquiry witnesses, the learned Magistrate has found prima facie case for the offences punishable under Section 406/420 of the Indian Penal Code and passed summoning orders against the petitioners.

5. The learned counsel for the petitioners submits that charge has not yet been framed before the trial court. It is then submitted by the learned counsel for the petitioner that the allegations against the petitioners are false and even if the entire allegations made against the petitioners are considered to be true in their entirety, still neither the offence punishable under Section 406 nor the offence punishable under Section 420 of the Indian Penal Code is made out against the petitioners. Hence, it is submitted that the prayer as prayed for by the petitioners in this criminal miscellaneous petition be allowed.

6. The learned Addl. P.P. on the other hand vehemently opposes the prayer as prayed for by the petitioners in this criminal miscellaneous petition and submits that the materials in the record are sufficient to constitute both the offences punishable under Section 406 and 420 of the Indian Penal Code. Hence, it is submitted that this criminal miscellaneous petitioner being without any merit be dismissed.

7. Having heard the submissions made at the Bar and after going through the materials available in the record, it is pertinent to mention here that it is a settled principle of law as has been held by the Hon’ble Supreme Court of India Vir Prakash Sharma vs. Anil Kumar Agarwal & Another reported in (2007) 7 SCC 373 para-8 of which reads as under: -

“8. The dispute between the parties herein is essentially a civil dispute. Non-payment or underpayment of the price of the goods by itself does not amount to commission of an offence of cheating or criminal breach of trust. No offence, having regard to