KRISHNENDU GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The court is approached under Section 482 of the Code of Criminal Procedure for quashing of a proceedings in connection with G.R. Case No. 5918 of 2019, arising out of Baruipur Police Station Case No. 1929 of 2019, dated 23.08.2019, under Sections 406/420/506 of the Indian Penal Code, now pending before the learned Chief Judicial Magistrate, Baruipur.

(2.) Learned advocate for the petitioners submitted that neither for nonrealization of dues, nor settlement of accounts, nor delayed payment, would attract criminal liability, so as to fasten the petitioners in a criminal prosecution under Sections 406/420/506 I.P.C.

(3.) According to learned advocate for the petitioners, the contention depicted in the F.I.R. being founded upon a commercial transaction between the parties, the de facto complainant/opposite party no. 2 should have resorted to civil action for his desired relief pointing towards settlement of dues before a competent authority of civil jurisdiction.