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TMI Blog2023 (9) TMI 132X X X X Extracts X X X X X X X X Extracts X X X X ..... utta in case No. C/ 48727 of 2013 u/s 406/468/420 of the IPC thereby dismissing the application u/s 245(1) of the Code of Criminal Procedure. 2. The brief fact of the case is that the present respondent no. 2 has filed a complaint case against the present petitioner before the Learned Chief Metropolitan Magistrate, Calcutta. The Learned Chief Metropolitan Magistrate, Calcutta has transferred the said case record to the Learned 20th Magistrate, Calcutta. 3. The petition of complaint contended the allegation against the present petitioner to the effect that the petitioner No. 1 had supplied inferior quality of goods to the opposite party no. 2 for that the opposite party no. 2 was penalised by its purchaser. It was further alleged that peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s court that the impugned order passed by the Learned Magistrate is improper and palpably illegal in the eye of law. 9. Learned Magistrate has failed to appreciate the evidences on record and there by caused error in dismissing the application of the petitioner filed u/s 245(1) of the Cr.P.C. The instant criminal prosecution is purely a civil in nature it has been engineered by the opposite party in a criminal proceeding. The instant criminal proceeding filed by OP No. 2 is counter blast of the proceeding instituted by the petitioner no. 1 against the opposite party No. 2 and its directors are attending as accused before the Learned Judicial Magistrate at Alipur, South 24 Parganas alleging therein the commission of offences punishable u/s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion made in the complaint by the complainant company is that, the accused company has supplied some raw materials which is of inferior quality; due to supply of such raw materials of inferior or quality, they have suffered loss and penalised by their purchasers (Tata Motors). 14. It is stated in the petition of complaint that there are several meeting between the complainant company and the accused company to settle out the matter. Finally it has been alleged that the accused company has stopped supplying the raw materials without any information. It has also been alleged that without complying the necessary terms and conditions the complainant company has deposited some Post dated cheques without information of the complainant. 15. The b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... direction of law or in contract expressed or implied relating to carry out the trust". In the present case it has been alleged by the complainant company that the accused company has committed the criminal breach of trust by not supplying the raw materials. It has stated in the petition of complaint that there were agreements or meetings between the parties to solve out the disputes arising between them. Consequently the conduct of the parties itself shows that the criminal intention (measured) on the part of present petiioners is missing. The basic ingredients of any criminal actions is the mens ria/guilty mind. In this case the accused company was not entrusted any property which he has dishonestly misappropriates. Thus, in this case the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith whom they have the smooth relationship and afterwards such relationship became stained and they found deception of the accused company only during the pendency of the relationship not from the beginning. In view of the above, the ingredients of offence u/s 420 IPC is also not prima facie made out in this case. 19. Admittedly the accused company has initiated a criminal complaint against the complainant u/s 138 of NI Act. The present complaint was filed after initiation of such prosecution u/s 138 of NI Act. Hon'ble Supreme court in DP Gulati, Manager accounts, Jet King Infotech Limited Vs. State of U.P. and Anr. has held that Counter blust of Criminal complaint u/s 420 IPC against a criminal prosecution u/s 138 of NI Act is not maintai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onduct of the complainant. The Hon'ble Supreme Court in the of State of Hariyana Vs. Bhajanlal has specifically observed that if after taking the petition of complaint and evidences therein to be true, the court find no prima facie offence being made out against the accused persons, the High Court is free to quash the proceeding u/s 482 of Cr.P.C. Para 102- (1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. (2)................. (3)................. (4)................. (5)................. (6)................. (7) Where a criminal proceed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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