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TMI Blog2021 (6) TMI 8X X X X Extracts X X X X X X X X Extracts X X X X ..... and 420 of IPC and Crime No. 5/2020 and also writ in the nature of mandamus or any other appropriate writ, order or direction declaring that the petitioner has not committed any offences punishable under Sections 415 and 420 of IPC and also to quash the entire proceedings in PCR No. 19/2020 on the file of II Additional Civil Judge and JMFC, Chikmagaluru. 2. The factual matrix of the case is that respondent No. 2 had filed a private complaint before the Trial Court invoking Section 200 of Cr.P.C. and the said complaint is numbered as PCR No. 19/2020 wherein allegation is made against the petitioner that though he had purchased black pepper vide purchase order dated 26.06.2019 to the tune of Rs. 7,51,100/- and purchase order dated 04.07.2019 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d as an accused. The learned counsel would contend that after supply of the material, payments are made on 29.07.2019 to the tune of Rs. 1,19,000/-, Rs. 2,00,000/- and Rs. 53,619/- and the same has been suppressed in the complaint. The learned counsel would contend that this is a business transaction and if any payments are not made, the complainant ought to have filed a suit for recovery and not criminal complaint and the ingredients of the offence under Section 420 of IPC has not been made out. 4. The learned counsel for the petitioner in support of her arguments relied upon the judgment of the Apex Court in the case of SHARAD KUMAR SANGHI v. SANGITA RANE reported in (2015) 12 SCC 781 and brought to the notice of this Court paragraph No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arned counsel brought to the notice of this Court the documents between the date of the purchase till the issuance of legal notice that there was no objection on the part of the petitioner that the material supplied is of sub-standard material. The learned counsel also brought to the notice of this Court the messages exchanged between the parties from the date of supply till November 2019 and there were no objections. Only when the demand was made for payment, the legal notice was issued making an allegation that the materials supplied was of sub-standard. That itself shows that there was a dishonest intention of the petitioner herein. 7. The learned counsel would also contend that when the petitioner has promised to pay the amount on supp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cases and there are more than 10 to 13 cases which are pending and still under investigation. The learned counsel would contend that the petitioner was arrested in the month of January 2021 in connection with other case and he is now in Noida jail and he is a habitual offender and hence there cannot be any order invoking Section 482 of Cr.P.C. 10. Having heard the learned counsel for the petitioner, the learned counsel for respondent No. 2 and the learned High Court Government Pleader appearing for respondent No. 1 and also on perusal of the material on record, while exercising the power under Section 482 of Cr.P.C., the Court has to look into the contents of the complaint. The Apex Court in the judgment in the case of DINESHBHAI CHANDUBHA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tween this period and surprisingly the legal notice was issued in December complaining sub-standard supply of black pepper. 12. The learned counsel for respondent No. 2 brought to the notice of this Court the whatsapp messages exchanged between the parties and that respondent No. 2 had been to Delhi and this petitioner did not meet him and also not made any payment. The correspondence made between them clearly discloses taking of time for presentation of cheques and issuance of cheques and hence it is clear that it is a business transaction, but the Court has to look into the contents of the complaint where specific allegations are made against the petitioner that with dishonest intention at the inception of the transaction he made the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X
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