VINOD KAILASHCHAND VERMA Vs. AMIT GUPTA

JUDGEMENT

(1.) Challenge in the instant petition is the order dated 18-5-2016 passed in Criminal Revision No. 352/2015 by the Special/Additional Sessions Judge, Raipur whereby the Sessions Judge has upheld the order dated 11-9-2015 passed by the Judicial Magistrate First Class, Raipur in an unregistered case filed by the petitioner against the respondents 1 & 2.

(2.) The factual matrix of the case necessary for deciding the present petition is that the petitioner is said to have engaged in the business of manufacturing of transformers in the name of V. K. Engineering having its head office at Raipur. It is said that the respondents 1 & 2 who are the authorized persons on behalf of the Dausa Transformer Pvt. Ltd., Jaipur, Rajasthan and the office of the petitioner agreed to purchase transformers from petitioner's firm. From 25-2-2014 to 19-3-2014, the respondents 1 & 2 took delivery of five transformers from the petitioners valuing Rs. 51,39,576 on the basis of mutual agreement between them. The respondents 1 & 2 are said to have paid money to the petitioner in installments firstly Rs. 1,50,000 on 29-3-2014 and Rs. 13,00,000 on 7-6-2014. The respondents 1 & 2 later on provided a cancelled cheque of Rs. 11,71,800 to the petitioner without there being any name and date on it. Thereafter it is said that the petitioner made considerable correspondence and talk with the respondents 1 & 2 for clearing the balance dues. However, the respondents 1 & 2 did not clear the dues and therefore the petitioner filed an application under Section 156(3) of Cr. P.C. before the JMFC, Raipur for registering a complaint against the respondents 1 & 2 for the offence under Section 420 of IPC.

(3.) The learned JMFC taking into consideration the entire averments put forth by the petitioner/complainant reached to the conclusion that it was purely a contractual transaction between the parties wherein the part compliance of the contract seems to have been undertaken inasmuch as there is an admission on the part of the petitioner of having provided transformers five in number to the respondents. It was further held that as per the petitioner himself he has received an amount of Rs. 14,50,000 and there is an outstanding dues of Rs. 36,89,576 yet to be recovered from the respondents 1 & 2 for which the petitioner filed the application under Section 156(3), Cr. P.C. for registering a complaint against the respondents for the offence under Section 420 of IPC. Considering all these facts, the Court below vide its order dated 11-9-2015 rejected the claim of the petitioner holding it to be a dispute of purely civil nature where the allegations levelled fall within the category of breach of contract.