BIJAY CHAMLING Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Heard Learned Counsel for the parties.

(2.) The allegation in the FIR bearing No.03/2020, dtd. 3/1/2020, against the Petitioner is that an advance of Rs.1,77,00,000.00 (Rupees one crore and seventy seven lakhs) only, was made to the Petitioner's firm by the Sikkim State Co-operative Supply and Marketing Federation Limited (hereinafter, the "SIMFED"), for supply of computer sets to various school of the State. The Petitioner supplied 95 computers out of the order for supply of 364 computers. On non-supply of the remaining computers, a legal Notice was sent to the Petitioner's firm to complete the supply or refund the advance amount made to him, along with penal interest. However, despite having received the legal Notice the Petitioner failed to either supply the computer sets or refund the amount. Hence, the FIR against the Petitioner under Ss. 420 and 409 of the Indian Penal Code, 1860.

(3.) It is submitted by Learned Counsel for the Petitioner that a bare perusal of the FIR would reveal that the case is of a civil nature and the Complainant ought to have filed a civil suit for recovery of money against the Petitioner. That, the FIR was therefore wrongly registered against the Petitioner, before the concerned police station to merely harass and humiliate the Petitioner. The question of the Petitioner trying to cheat the Complainant by committing breach of trust does not arise in any event. Admittedly, the entire supply of the computer sets was not made, only ninety- five computer sets were supplied. It is also an admitted position that the refund demanded by the SIMFED for non-supply of computers was also not made by the Petitioner, nevertheless, the matter does not have a criminal bearing and the FIR deserves to be quashed.