RESEMIN SHERALLY Vs. GANESH JOSHI

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 11.12.1995 passed by the Judicial Magistrate 1st Class, Katihar, by which he has discharged the opposite party to a complaint case filed by the petitioner under section 420 of the Indian Penal Code.

(2.) THE short fact leading to the case is that in the month of April, 1988, the opposite party took a loan of Rs. 40,000/ - with a promise to return the money with interest. On the request of the opposite party the complainant gave a cheque on 7.4.1988 in the name of accused firm M/s Janki Enterprises, Katihar and was duly encashed by the accused opposite party. It has been further stated that the amount of Rs. 40,000/ - was returned in instalments but till 30.11.1994 the money was still due with interest amounting to Rs. 58,257.40 p. and inspite of repeated notice, the opposite party did not return the money and the accused transferred his entire firm in the name of his son with a dishonest intention to usurp the entire money. It has been also alleged that from very beginning the intention of the accused was to deceive the complainant. Thereafter the complainant filed the complaint petition before the learned Chief Judicial Magistrate, Katihar, bearing Complaint Case No. 1085 of 1994 on 16.12.1994.

(3.) FROM the order impugned it appears that the complainant advanced Rs. 40,000/ - through cheque to the opposite party. The whole amount of Rs. 40,000/ - has been returned in instalments. The contention of the complainant is that there was a promise to pay interest as well and the same is due with the opposite party. The allegation of the complainant is that the opposite party is liable to pay interest and he has deceived the complaint. The non -payment of alleged interest does not carry element of deception to constitute a criminal offence under section 420 of the Indian Penal Code. In my opinion, the learned Judicial Magistrate has rightly held that there was not enough ground to charge the opposite party under section 420 of the Indian Penal Code and the complainant may avail the civil remedy, if so advised. I do not find any good ground to interfere with the order impugned. Accordingly, this petition is dismissed.