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TMI Blog2018 (12) TMI 1907X X X X Extracts X X X X X X X X Extracts X X X X ..... ntinuing the criminal proceedings against the Accused will be an abuse of process of law and, therefore, the High Court has rightly quashed the criminal proceedings. Merely because the original Accused might not have paid the amount due and payable under the agreement or might not have paid the amount in lieu of one month Notice before terminating the agreement by itself cannot be said to be a cheating and/or having committed offence Under Sections 406 and 420 of the Indian Penal Code as alleged. The High Court has rightly exercised the powers Under Sections 482 of the Code of Criminal Procedure and has rightly quashed the criminal proceedings - Appeal dismissed. - Criminal Appeal No. 1593 of 2018 (Arising out of SLP (Crl.) No. 1960 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de for the offences Under Sections 406 and 420 read with Section 34 of the Indian Penal Code. Therefore, the original Accused approached the High Court Under Section 482 of the Code of Criminal Procedure to quash the criminal proceedings contending, inter alia, that the dispute is purely a civil dispute and even the averments and allegations made in the complaint do not disclose any cognizable offence for the offences Under Sections 406 and 420 read with Section 34 of the Indian Penal Code. It was also submitted that even for breach of contract and for damages etc. the complainant has already instituted a Suit. Having heard the learned Counsel appearing on behalf of the original Accused and the original Complainant as a party in person, by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is intellectual services the Accused did not make the full payment including one month's notice before terminating the contract/agreement. 4.2 An attempt was made by the Appellant-party in person submitting that as such initially the learned Judge dismissed the application, which is evident from P-14. It is submitted that, however, when the subsequently when the order was declared, the learned Judge allowed the petition and quashed the criminal proceeding. It is submitted that, therefore, the impugned judgment and order passed by the learned Single Judge deserves to be quashed and set aside. 5. The present appeal is vehemently opposed by the learned Counsel appearing on behalf original Accused who has supported the impugned judgme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be a cheating and/or having committed offence Under Sections 406 and 420 of the Indian Penal Code as alleged. We are in complete agreement with the view taken by the High Court. 7. In so far as the submissions made on behalf of the Appellant-party in person that initially the learned Judge dismissed the application and, thereafter when the judgment was dictated and pronounced, the learned Judge has allowed the application and, therefore, the impugned judgment and order passed by High Court is required to be quashed and set aside is concerned, the aforesaid has no substance. What is produced as P-45 is the docket of the file, which does not bear the signature of the learned Judge. Therefore, it cannot be said that initially the learned ..... X X X X Extracts X X X X X X X X Extracts X X X X
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