23.apl.492.2022.Judgment.odt (1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO.492 OF 2022 1. Ankur s/o Ashok Mohod, Aged about 33 Years, Occupation : Business, R/o. Balode Layout, School of Scholars Road, Akola, District Akola. .... APPLICANT // VERSUS // 1. State of Maharashtra, Through Police Station Officer, Police Station, Hinganghat, District Wardha. 2. Uday s/o Vijaysingh Mohta, Aged about 37 Years, Occupation : Business, R/o. Jain Mandir Ward, Hinganghat, District Wardha. ....NON-APPLICANTS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. N. R. Tekade, Advocate for applicants. Mr. K R. Lule, APP for non-applicant No.1/State. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : URMILA JOSHI-PHALKE, J. DATED : 18/03/2026 ORAL JUDGMENT : 1. Learned counsel for the applicant submitted in view of the order of this Court, the applicant has made an attempt to serve the non-applicant No.2. The postal tracking report shows that the non-applicant No.2 refused to accept the said notice. Learned counsel for the applicant shall place on record the said 2026:BHC-NAG:6469-DB 23.apl.492.2022.Judgment.odt (2) tracking report along with the pursis, therefore, the application is taken for final disposal. 2. Heard. 3. Admit. 4. Heard finally with the consent of the learned Counsel for the applicant and learned APP for the State. 5. None appears for the non-applicant No.2. 6. By this application, the applicant is seeking quashing of the FIR in connection with Crime No.36/2022 registered with Police Station, Hinganghat, District Wardha for the offence punishable under Section 420 of Indian Penal Code (for short ‘IPC’) and the consequent proceeding arising out of the same bearing charge sheet No.177/2023. 7. The crime is registered on the basis of a report lodged by the non-applicant No.2 on an allegation that he got acquaintance with the present applicant in the year 2017. Thereafter, the present applicant assured him to get Government contract of medicine. The complainant informed him that he is not having documents required for getting Government contract. The present applicant informed that he will get the said contract through his company by name Shri Swami Pharma and Surgical Company. On the assurance of the present applicant, the 23.apl.492.2022.Judgment.odt (3) complainant had given stock of medicine of Rs.31,09,428/- to the present applicant. The amount of Rs.13,00,000/- was transferred through online as a payment. On repeated requests of the complainant and also on his personal visit, the present applicant has handed over to him two undated cheques of Akola Urban Co-operative Bank. On depositing the said cheques, the said cheques were dishonoured and the non-applicant No.2 has not received the amount, therefore, he approached the Police Station and lodged a report. 8. Heard learned counsel for the applicant, who submitted that the entire transaction is a business transaction and out of the business, the cheques were issued by the applicant to the non-applicant No.2. Admittedly, the said cheques were deposited, but the same not honoured and returned with an endorsement, and therefore, the notice was also received by the present applicant from the non-applicant No.2. He invited my attention towards the various Tax Invoices and submitted that the entire stock was purchased by the present applicant on credit and against the said credit, these cheques were issued. Thus, at the most, it would be a recovery of the amount. As far as the offence under Section 420 of IPC is concerned, there is nothing on record to show that there was an intention since inception and in absence of the intention since 23.apl.492.2022.Judgment.odt (4) inception, no offence is made out against the present applicant to attract the offence punishable under Section 420 of IPC. In view of that, he prayed for the quashing of the FIR. 9. Learned APP strongly opposed the said contention and invited my attention towards the investigation papers and submitted that the statements of the witnesses disclose the involvement of the present applicant in the alleged offence. In view of that, the application deserves to be rejected. 10. On hearing both sides and perusal of the entire investigation papers, it reveals that the applicant and the non-applicant No.2 both are dealing with the same business. Upon the applicant’s request to supply medicines on credit, the non-applicant No. 2 has supplied the medicines. The Tax Invoices which are produced on record substantiates the same. Admittedly, the amount against the said stock, the non-applicant No.2 is entitled to receive, which he has not received and the cheques were issued in his favour by the applicant, but the said cheques were also dishonoured and thereafter, this complaint came to be lodged. 11. To attract the offence punishable under Section 420 of the IPC there has to be (1) Deception of any person, either by making a false or misleading representation or by other action or 23.apl.492.2022.Judgment.odt (5) by omission; (2) Fraudulently or dishonestly inducing any person to deliver any property, or (3) The consent that any person shall retain any property and finally intentionally inducing that person to do or omit to do anything which he would not do or omit. 12. In view of the above requirement, if the facts and circumstances of the present case are taken into consideration, admittedly, the intention since inception is not there. It is purely a business transaction and out of business transaction, the said cheques were issued. Therefore, the offence under Section 420 of IPC, a prima facie case is not made out against the present applicant. In view of that, the application deserves to be allowed. Accordingly, I proceed to pass following order: ORDER (i) The application is allowed. (ii) The FIR in connection with Crime No.36/2022 registered with Police Station, Hinganghat, District Wardha for the offence punishable under Section 420 of Indian Penal Code and the consequent proceeding arising out of the same bearing charge sheet No.177/2023, are hereby quashed and set aside to the extent of the present applicant. The application is disposed of. (URMILA JOSHI-PHALKE, J) Sarkate.