UTTAM CHAND SAHU Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Section 482 of Cr.P.C has been filed by the applicant seeking quashment of the FIR registered vide Crime No. 270/2019 in Police Station Rehli, District Sagar (M.P.) and further consequential proceedings whereby the offence under Sections 406 and 420 of I.P.C. has been registered against him.

(2.) The prosecution story, in brief, is that complainant has submitted a written report in Police Station Rehli, stating that he and the present applicant was in business transaction since long time. On 2.4.2018 to 19.5.2018 he sent him 9 trucks of wheat for which the payment of Rs. 48,72,851/- has not been paid by the applicant even after taking delivery of aforesaid wheat. He asked for the alleged payment from the present applicant repeatedly, but the payment is not being made by him and loss has been caused to the complainant. On this complaint, FIR has been registered against the applicant for the offence as mentioned above.

(3.) Learned Counsel for the applicant submits that no offence has been committed by the applicant. It is purely a criminal transaction, if any violation is made then that comes under the purview of civil action and not a criminal action is warranted. It is submitted that if the available material be taken in toto, the possibility of false implication cannot be ruled out. Under such circumstances, prayer is made to quash the FIR, vide registered Crime No. 270/2019, lodged against the applicant. In support of his contention, he has placed reliance on the judgments passed by the Apex Court in the case of State of Andhra Pradesh Vs. Goloconda Linga Swamy & Anr. 2004 STPL 11406 SC, Jagdish Chanana & Ors. Vs. State of Haryana & Anr. 2008 STPL 9558 SC and Swaran Singh & Ors. Vs. State Through Standing Counsel & Anr. 2008 STPL 17572 SC.