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Madhya Pradesh High Court · body

2015 DIGILAW 662 (MP)

Saurabh Tayal v. Ashok Prasad

2015-06-29

N.K.GUPTA

body2015
ORDER : Shri Udayraj Mishra, counsel for the applicants. None for the respondent No. 1 though represented. Heard the learned counsel for the applicants. 2. The applicants have challenged the order dated 17-9-2012 passed by the JMFC, Satna in R. T. No. 3372/2012, whereby a complaint was registered against the applicants for offence under sections 406 and 420 of Indian Penal Code. 3. The facts of the case, in short, are that, on behalf of M/s Ramkumar Suresh Kumar of Satna, the General Manager has lodged a criminal complaint that the applicants and other accused persons were related to Jay Bharat Textiles and Real Estate Ltd. By an invoice dated 17-4-2008 goods of Rs. 7,03,938/- were supplied to the applicants and their companions. Thereafter, no payment was made, though payment was to be made within 30 days. A demand notice was given. However, no payment was made. A complaint was lodged before SHO, Police Station Kolgawan and thereafter, before S.P., Satna but, nothing was done by the police against the applicants and therefore, a criminal complaint was lodged. 4. After considering the submissions made by the learned counsel for the applicants, it appears that facts as mentioned in the complaint indicates that there was a civil transaction between the parties. There was no ingredient of cheating or misappropriation has been pleaded by the complainant. Hence, prima facie no offence under sections 420 or 406 of Indian Penal Code is made out against the applicants. The trial Court has registered the complaint, without applying its judicial mind. For such a civil transaction, no criminal complaint could be lodged. It is for the complainant to recover the amount for the goods supplied to the applicants. 5. On the basis of the aforesaid discussion, petition under section 482 of the Cr.P.C. is hereby allowed. Order dated 17-9-2012 passed by the JMFC, Satna is hereby set aside along with the complaint filed by M/s Ramkumar Suresh Kumar of Satna. The trial Court is directed to drop the proceedings in the matter. 6. Copy of the order be sent to the trial Court for information and compliance. 7. Certified copy as per rules.