Ravi Prakash Agrawal vs State of Uttarakhand and Another

Hon''ble Servesh Kumar Gupta, J.—By way of this Criminal Miscellaneous Application, the prayer has been made to quash the order of cognizance dated 30.7.2007 passed by the Ist Additional Chief Judicial Magistrate, Haridwar in Criminal Case No. 701/2007, State v. Ravi Prakash Agrawal. The said order was passed by the learned Magistrate on submission of the chargesheet against the applicant petitioner u/s 420, 120B, 506 IPC pertaining to Crime No. 57/2007. Prayer has also been made to quash the said chargesheet.

Having heard learned Counsel for the parties, all that this Court is able to gather is that the applicant petitioner Ravi Prakash Agrawal is the proprietor of M/s Multi Max Engineering Works having its factory at Meerut (Uttar Pradesh), while private respondent no. 2 Dr. S.M. Surana is the partner of M/s Eastern Health Care based at SIDCUL, Haridwar (Uttarakhand). Some business transaction took place between the two, according to which the applicant petitioner had to supply the Reaction Vessels (a particular device used for mixing some chemicals in order to manufacture medicines). The quotations were floated on 10.3.2006. Orders were placed by the complainant/respondent no. 2 and the said goods were accordingly supplied, which were also duly received by the complainant at Haridwar. The complainant Dr. S.K. Surana allegedly paid approximately seven lakhs for the said business transaction. Out of rupees seven lakhs, the complainant paid Rs. 6,50,000/- through cheques and claimed that he paid the remaining fifty thousand in cash to the applicant petitioner. The applicant petitioner denied cash payment of rupees fifty thousand by the complainant. Subsequent thereto, Dr. Surana raised objections that the weight of Reactor Vesselss was not in accordance with the agreement and excess billing of the same has been made. There was difference on the calculation between the two parties. So, an FIR was lodged by Dr. S.M. Surana with P.S. Ranipur at Haridwar against the applicant petitioner Ravi Prakash Agrawal. The Investigation Officer, after recording the statements of the complainant and his son Ajay Suran only, submitted the chargesheet u/s 420, 120B and 506 IPC. Thereafter the learned Magistrate has passed the impugned order of cognizance.

Having gone through the pros and cons of the case, this Court is of the considered opinion that no case of cheating, criminal conspiracy or criminal intimidation is made out against the applicant petitioner. It was purely a business transaction, and if there was any dispute regarding the said transaction, the grievance could have been raised at a proper forum like Consumer Court. Lodging an FIR for the same is nothing but totally an abuse of the process of Court. Hence, the applicant petitioner should not be subjected to undergo the mental agony of facing a criminal trial. As such, this petition has substance and it deserves to be allowed.

For the reasons recorded above, the petition is allowed. The impugned chargesheet and the order of cognizance dated 30.7.2007, passed by the Ist Additional Chief Judicial Magistrate, Haridwar in the Criminal Case No. 701/2007, State v. Ravi Prakash Agrawal, for the aforementioned offences, are hereby quashed.

Registry is directed to inform the court concerned accordingly.