SUNEEL KUMAR MEHTA Vs. STATE OF U. P.

JUDGEMENT

(1.) I have heard the learned counsel for the applicants and the learned counsel for the respondents and perused the papers filed along with the application.

(2.) THIS application seeks to quash the proceedings of Complaint case no. 319/08 M/s Ravi Malleable Vs. Suneel Kumar Mehtra and another u/s 420 IPC pending in the Court of Special Chief Judicial Magistrate. Meerut.

(3.) LEARNED counsel for the applicants have vehemently argued that indisputably the applicants and respondent no. 2 were carrying on business, so the transactions in question are commercial and as such no criminal liability can be fastened on the applicants and the proceedings of complaint are misuse of process of the Court. Per contra learned counsel for the respondent no. 2 has contended that the documentary evidence available on record clearly show that the intention of the applicants was dishonest at the time of making promise and representation to the complainant at Meerut on 17.3.2003 and they have cheated him by not issuing Form 'H' pertaining to the sales made to them from 13.10.2003 to 31.3.2004, whereby penalty of Rs. 2,35,083.00 had been imposed by the Trade Tax Department on respondent no. 2.