JIGAR SHAH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure, wherein the petitioner has prayed for quashing of the F.I.R. on the ground that the evidence collected during investigation does not constitute any offence. He categorically stated that there was a mercantile transaction between the parties for a long time and the present petitioner accused company used to carry on business of selling various types of Self Adhesive Tapes, Plastic Rolls and bags and they used to supply the same to them. There was mercantile transactions for years together. Since 2008 the business transaction was going on and pursuant to their discussion the complainant supplied goods to the petitioner accused company. Payment was to be made in terms of the oral agreement, but accused company always give assurance to them but actually did not pay. In the meantime, the dues became about Rs. 22,23,005/ -.

(2.) Several reminders were sent by the complainant to the present petitioners but to no good. According to the complainant, the present accused Nos. 2 and 3 deliberately and fraudulently kept giving false assurance with the oblique motive of delaying disbursement of the legitimate dues. The complainant further added that believing such inducements and fraudulent representations, he has supplied the goods to the accused company.

(3.) Challenging the contention of the F.I.R., the accused petitioner submitted that there is no element of mens rea, no element of intention to cheat or there is any type of fraudulent act. So according to them, the F.I.R. should be quashed.