HARNARAIN SAH Vs. TRIBENI LAL

JUDGEMENT

(1.) This Case has been brought for quashing a proceeding pending against the petitioners under Section 420 of the Indian Penal Code. In short. It is said that the order of the learned Sub-divisional Magistrate of Begusarai taking cognizance of the offence on the 4th July, 1969 is illegal.

(2.) The short facts of the case are as follows: Petitioner No. 2 is the son of petitioner No. 1 and they carry on business In the Grains at Masrakh Bazar. PS. Masrakh in the district of Saran in the name and style of Firm Harnarain Sah-Biswanath Prasad. Petitioner No. 3 is an employee of that firm. Opposite party Tribeni Lall is said to be a partner of a firm known as Ramji Prasad Daya nand which deals in grains at Ballia Bazar. P.S. Ballia, in the district of Monghyr. It is alleged that the firm of the petitioner was carrying on business in grains with the firm of the opposite party since a pretty long time. On 16th April 1969. petitioners 2 and 3 went to the firm of the opposite party and purchased 75 bags of gram, weighing 174 maunds 18 Kgs. at the rate of Rs. 77.50 per quintal the total value being Rs 5.667 24. paise. These petitioners did not pay the price in cash and promised to pay the price within three days.

(3.) This application has been filed under the provisions of Section 561. A of the Code of Criminal Procedure (hereinafter referred to as "the Code") and It is prayed that the entire proceeding should be quashed as being illegal, because no offence of cheating has been made out in the complaint petition. It Is well known that there is a thin line of difference between a case of breach of contract and a case of cheating. Every case of breach of contract cannot be cheating. The very opening line of Section 415 of the Indian Penal Code, which defines. 'Cheating' reads: