PRAN JYOTI BHUYAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure, 1973, (for short, 'the Code') and/or under Article 227 of the Constitution of India praying for quashing of the Complaint Case No. 268C/11 pending in the Court of Sub-Divisional Judicial Magistrate (S), Bongaigaon, for short, SDJM(S) and the order dated 29.2.2012 passed by learned SDJM(S), Bongaigaon, taking cognizance of the offence under Section 420 IPC and issuing summons to the petitioner for appearance.

(2.) Heard Mr. N. Dutta, learned senior counsel for the petitioner and Mr. S.K.Ghosh, learned counsel or the opposite party No.2/complainant.

(3.) Mr. N.Dutta, learned senior counsel for the petitioner submits that the complaint petition discloses that there is good and friendly relationship in between the complainant and the petitioner since a long time back and because of the same, when the petitioner approached the complainant in the first week of December, 2009 with a request to the complainant to give a loan of Rs.8 lakhs to meet his urgent personal need, the loan was advanced to the petitioner on the understanding that the petitioner will repay the loan amount on or before 12.3.2010. The learned senior counsel submits that there is no whisper in the compliant petition that there was a dishonest or fraudulent intention on the part of the petitioner at the time of taking the loan and that the complainant was deceived by any representation made by the petitioner at the time of giving of the loan amount to the petitioner. Learned senior counsel submits that the dispute is purely a civil dispute and the same cannot be converted to a criminal offence.