LALIT G SAHANI Vs. STATE

JUDGEMENT

(1.) THE petition under Section 482 of Cr. PC is for quashing and setting aside the order of issuing processes against the petitioner for offences punishable under section 420 Indian Penal Code and section 138 of the Negotiable Instruments Act, 1881. Complainant is the accused in criminal case no. 165 of 1991 filed before the court of chief Judicial Magistrate, Dadra and Nagar Haveli, Silvassa, which has issued the processes for offences punishable under section 420 IPC and section 138 of Negotiable Instruments Act.

(2.) RESPONDENTS inspite of having been served, have not appeared. Shri R.M. Agrawal, appeared for Union Territory. The processes has been issued for aforesaid offences on the basis of the complaint, which clearly shows that it is a case of supply of goods on credit. According to the complainant, the accused had gone to Masat on 31.1.1991 and placed order of supply 12 iron dutches and drum base etc. to the complainant at his factory at Masat. The terms and conditions for supply of goods were finalised. Material was to be supplied worth Rs. 47,400/- on condition of 75% payment at the time of delivery and remaining 25% within 15 days. Accordingly, goods were supplied on 6.5.1991 and delivery was accepted and the accused and agreed to make payment within 3 days. However, the payment was not made and inspite of repeated demands accused refused to make payment. The supplied goods were used by the accused. In the entire complaint there is no averment of inducement or of representation by the accused and the abovesaid facts clearly show that the grievance of the complainant is that payment was not made for the goods supplied. His remedy was to file a Civil suit. The entire statement of the complainant in the complaint, even if accepted at it's face value does not make out any criminal charge. It shows non application of mind by learned Magistrate when he issued processes under section 420 IPC and 138 of Negotiable Instruments Act, when there was no allegation that cheque was issued and it bounced. I have no alternative than to quash the process and the complaint. Hence the following order :-