27.08.2026 Item no. 5 Ct. No.237 AKG C.R.R. 1860 of 2025 With CRAN 3/2026 M/s. Gajanand Goyal and Company & Anr. Vs. M/s. Shree Absolutely Travels Private Limited Mr. Navanil De, Mr. Milindo Paul, Mr. Soumilya Mazumdar …for the Petitioners Let the affidavit of service filed by the petitioners be kept with the records. Despite service, none appears on behalf of the opposite party. There is no justification for allowing the present complaint case, being C.S. No. 34165 of 2019, dated July 23, 2019, under Sections 406/420/120B of the Indian Penal Code, 1860, to continue. From the complaint, it appears that opposite party is a travel agent and that the petitioners procured flight tickets from opposite party for a total consideration of Rs. 9,00,426/-. It has been alleged in the complaint that, out of the said amount of Rs. 9,00,426/-, the petitioners paid only Rs. 7,67,051/-, leaving a balance of Rs. 1,33,375/- which, despite repeated requests, was not paid by the petitioners. The initial deposition of the complainant/opposite party also reiterates the aforesaid allegation. There can be no doubt that criminal proceedings cannot be employed as a mechanism for 2 recovery of a sum allegedly due under a contractual or commercial transaction in the absence of any element of criminality in such transaction. Mr. De, learned advocate appearing for the petitioners, has relied upon the following judgments: 1. Vir Rakesh Sharma v. Anil Kumar Agarwal, reported at (2007) 7 SCC 373 (paragraph 8). 2. Sarbjit Kaur v. State of Punjab, reported at (2023) 5 SCC 360 (paragraph 13). 3. Hotline Teletubes and Components Ltd. v. State of Bihar, reported at (2005) 10 SCC 261 (paragraph 2). 4. Vijay Kumar Agarwal @ Bijay Kumar Agarwal v. State of West Bengal, reported at 2026 SCC OnLine Cal 8429 (paragraphs 9, 11 and 12). This Court is of the considered view that the complaint does not disclose the essential ingredients of the offences alleged. The dispute between the parties is, in substance, purely civil in nature. In view of the aforesaid, the complaint case being C.S. No. 34165 of 2019, dated July 23, 2019, under Sections 406/420/120B of the Indian Penal Code, 1860, pending before the learned Metropolitan Magistrate, 8th Court, Calcutta, stands quashed. This order shall not preclude the opposite party from approaching the appropriate forum for seeking relief in accordance with law. 3 Accordingly, CRR 1860 of 2025 along with CRAN 3/2026 is disposed of. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities. (Kausik Chanda, J.)