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2018 (12) TMI 1907 - SUPREME COURTAvailing of intellectual services for marketing the products of the complainant - non-payment of amount due and payable under the agreement - HELD THAT:- The learned High Court has not committed any error in quashing the criminal proceedings initiated by the complainant. Even considering the allegations and averments made in the FIR and the case on behalf of the Appellant, it cannot be said that the ingredients of Sections 406 and 420 are at all satisfied. The dispute between the parties at the most can be said to be the civil dispute and it is tried to be converted into the criminal dispute. Therefore, continuing the criminal proceedings against the Accused will be an abuse of process of law and, therefore, the High Court has rightly quashed the criminal proceedings. Merely because the original Accused might not have paid the amount due and payable under the agreement or might not have paid the amount in lieu of one month Notice before terminating the agreement by itself cannot be said to be a cheating and/or having committed offence Under Sections 406 and 420 of the Indian Penal Code as alleged. The High Court has rightly exercised the powers Under Sections 482 of the Code of Criminal Procedure and has rightly quashed the criminal proceedings - Appeal dismissed.
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