SUBHESH PRADHAN Vs. SANJIB PRADHAN

JUDGEMENT

(1.) The petitioner seeks quashing of proceedings of complaint case no. AC-2258/2021 pending before the Learned Judicial Magistrate, 8th Court, Alipore, South 24 Parganas on the ground that there is no material against the petitioner under Ss. 403/406 of the Indian Penal Code in the complaint.

(2.) Learned counsel for the petitioner has taken this Court to the complaint filed by the opposite party wherein the opposite party has alleged that out of a total amount of Rs.60,62,561.00 due from the petitioner, Rs.53,37,001.00 was paid by the petitioner and Rs.7,25,560.00 is still due and payable.

(3.) Placing reliance on the authorities in Medmeme, Llc and Others v/s. IHorse Bpo Solutions Private Limited reported in (2018) 13 Supreme Court Cases 374 and Vijay Kumar Ghai and Others v/s. State of West Bengal and Others reported in (2022) 7 Supreme Court Cases 124, learned counsel has submitted that since the allegations made out in the complaint is of breach of contract on the part of the petitioner the question of fraudulent or dishonest intention on his part does not arise. The dispute is of a civil nature which has been given a criminal colour.