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2013 DIGILAW 270 (GAU)

Pranab Dam Kanungo v. Abhijit Chowdhury

2013-04-26

A.K.GOEL

body2013
JUDGMENT A.K. Goel, C.J. 1. This petition seeks quashing of proceedings in Case No. 293C/09 pending in the Court of SDJM(S), Dibrugarh. Petitioners are employed in Syndicate Bank and the complainant had taken a loan from the Bank. When efforts were made to recover the outstanding loan, the complainant wrote a letter seeking adjustment of the outstanding amount against bill of liquor which he had supplied. The said allegation was false and defamatory for which the petitioners filed a suit for damages and also lodged case for defamation. As a counter-blast, the complainant has initiated proceedings for cheating. 2. According to the petitioners, the allegations in the complaint taken at face value do not make out any case. There is no ingredient of any criminal offence. At best, case of the complainant may give rise to cause of action for civil suit. 3. I have perused the complaint, substance of which is that the petitioners dishonestly did not adjust the amount representing the cost of liquor purchased by the petitioners from him. 4. No doubt basically the complaint arises out of a claim for adjustment of the amount representing cost of the liquor allegedly supplied by the complainant and the complaint has been filed after the petitioners had initiated proceedings against him, but on this consideration alone, prayer for quashing cannot be accepted when there are disputed questions involving version and counter-version and it is not possible for this Court to ascertain which version is correct. A commercial transaction may also involve a criminal offence. Mere fact that the complaint relates to a commercial transaction for which a civil remedy is available, by itself, will not be a ground to quash proceedings unless there is no ingredient of criminal offence. 5. In view of above, no ground for quashing is made out. However, in the interest of justice, it is directed that the impugned complaint may be put up before the same Court where the complaint filed by the petitioners being Case No. 244C/09 is pending to be tried simultaneously but separately. 6. The petition is disposed of. 7. The petitioners may appear before the Trial Court for further proceedings on 22.4.2013. The petitioners will be at liberty to apply for exemption from personal appearance on making out a case before the Trial Court.