PRANAB DAM KANUNGO AND ANR. Vs. ABHIJIT CHOWDHURY

JUDGEMENT

(1.) THIS petition seeks quashing of proceedings in Case No. 293C/09 pending in the Court of SDJM(S), Dibrugarh. Petitioners are employed in Syndicate Bank and the complainant had taken a loan from the Bank. When efforts were made to recover the outstanding loan, the complainant wrote a letter seeking adjustment of the outstanding amount against bill of liquor which he had supplied. The said allegation was false and defamatory for which the petitioners filed a suit for damages and also lodged case for defamation. As a counter -blast, the complainant has initiated proceedings for cheating.

(2.) ACCORDING to the petitioners, the allegations in the complaint taken at face value do not make out any case. There is no ingredient of any criminal offence. At best, case of the complainant may give rise to cause of action for civil suit.

(3.) NO doubt basically the complaint arises out of a claim for adjustment of the amount representing cost of the liquor allegedly supplied by the complainant and the complaint has been filed after the petitioners had initiated proceedings against him, but on this consideration alone, prayer for quashing cannot be accepted when there are disputed questions involving version and counter -version and it is not possible for this Court to ascertain which version is correct. A commercial transaction may also involve a criminal offence. Mere fact that the complaint relates to a commercial transaction for which a civil remedy is available, by itself, will not be a ground to quash proceedings unless there is no ingredient of criminal offence.