LAWS(JHAR)-2012-2-94

RELIANCE INFOCOM LTD. Vs. STATE OF JHARKAND

Decided On February 29, 2012
RELIANCE INFOCOM LTD. Appellant
V/S
State of Jharkand Respondents

JUDGEMENT

(1.) BY the Court. - Heard learned counsel appearing for the petitioners and learned counsel appearing for the opposite party No.2.

(2.) THIS application has been filed for quashing of the entire criminal proceeding of C.P case No. 687 of 2008 including the order dated 30.3.2009 passed by the Judicial Magistrate. 1st class. Dhanbad whereby and whereunder cognizance of the offence punishable under Section 420 of the Indian Penal Code was taken against the petitioners.

(3.) MR . Prasad, learned senior counsel appearing for the petitioners submits that accepting the entire allegation mad e in the complaint petition to be true, no offence is made out under Section 420 of the Indian Penal Code and moreover, the petitioner No. 2 has never been alleged to have been in -charge of day to -day affairs of the company and that at best, it can be a case of civil dispute and not a case of criminal liability as it is never the case of the complainant that he was fraudulently and dishonestly induced to purchase the recharge voucher of Rs.2007/ -. If this element is lacking, no case of cheating is made out.