NILGIRI HERBALS PVT. LTD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the complainant, O.P. No.2.

(2.) The petitioners have prayed for quashing of the entire criminal case arising out of Complaint Case No. 444(C)/98 pending in the court of Judicial Magistrate, 1st Class, Patna. They also have prayed for quashing of order of cognizance dated 22.5.1998 whereby cognizance was taken for an offence under Sections 420 and 120B of the Indian Penal Code and summons have been issued against the petitioners.

(3.) The only point advanced on behalf of the petitioners is that the allegations revealed that earlier to the alleged breach of trust and cheating the parties were having business relation-ship and since the beginning there was no intention to cheat or defraud the complainant. It has been submitted that non payment of Rs. 18,000/- and odd can give rise to only civil liabilities and hence criminal case should not be permitted to continue. In support of this proposition reliance has been placed upon a recent judgment of the Apex Court in the case of Sharon Michael & Ors v. State of Tamil Nadu and Anr, 2009 3 SCC 375.