GAGAN KISHOR SRIVASTAV Vs. STATE

JUDGEMENT

(1.) In this petition filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, the petitioner has sought quashing of FIR No.212/98 registered with P.S. Chittranjan Park, South District, New Delhi dated 30.5.1998 for offence under Sections 420/34 Indian Penal Code, on the complaint of respondent No.5.

(2.) The main ground on which quashing is sought is that assuming all the allegations in the complaint to be true, the same does not disclose commission of any cognizable offence; the same at the most amounts to breach of contract. It could not give rise to a criminal prosecution and that too after a lapse of almost four years. Respondent No.5 in connivance with the police has managed to get a civil wrong converted into a criminal one, which is nothing, but gross abuse of the process of law. As per the complainant's own showing, the goods were exported to the petitioner in March, 1995 against valid documents against part payment of the value of the goods. There was dispute with respect to quality of goods and late arrival thereof. As such, in October, 1995, the petitioner agreed to compensate the complainant and agreed to make payment of an agreed amount, which was less than the amount of the original balance amount. Payment of this agreed amount could not be made. Therefore, non payment of such amount of compensation will not give rise to any criminal liability as it was not on account of any dishonest intention or fraudulent inducement.

(3.) In order to appreciate the respective submissions made at the Bar, it will be but proper to extract the complaint, which respondent No.5 addressed to the Station House Officer, P.S. Chittranjan Park, which led to registration of the FIR. The complaint reads:-