G. Eswara Rao vs The State Of Jharkhand on 9 March, 2026

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    Jharkhand High Court

    G. Eswara Rao vs The State Of Jharkhand on 9 March, 2026

    Author: Anil Kumar Choudhary

    Bench: Anil Kumar Choudhary

                                                                ( 2026:JHHC:6148 )
    
    
    
    
          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                Cr.M.P. No.827 of 2023
                                             ------
    

    G. Eswara Rao, aged 69 years, son of China Sanyasi Raju, resident of
    Kanchara Street, Rajam, P.O. & P.S.-Rajam, Dist.- Srikakulam
    (Andhra Pradesh).

                                                           ...           Petitioner
                                                Versus
    
                1. The State of Jharkhand
    

    2. M/s. Adhunik Fuels Pvt. Ltd. represented by its Director Vijay
    Kumar Lohariwal, son of Sri Om Prakash Lohariwal, residing at
    Urmila Tower, Bank More, P.O. & P.S.-Bank More, Dhanbad, Dist.-
    Dhanbad.

    SPONSORED
                                                           ...          Opposite Parties
                                                 ------
                 For the Petitioner        : Mr. Praveen Shankar Dayal, Advocate
                 For the State             : Ms. Nehala Sharmin, Spl.P.P.
                 For the O.P. No.2         : Mr. M.B. Lal, Advocate
                                           : Mr. Avilash Kumar, Advocate
                                                  ------
                                            PRESENT
                     HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
    
    
    By the Court:-    Heard the parties.
    
    

    2. This Criminal Miscellaneous Petition has been filed invoking the

    jurisdiction of this Court under Section 482 of the Code of Criminal

    Procedure with the prayer to quash and set aside the entire criminal

    proceeding as well as FIR of Govindpur P.S. Case No.67 of 2018

    corresponding to G.R. Case No.1070 of 2018 arising out of Complaint Case

    No.2987 of 2015 registered for the offences punishable under Sections

    420/406 of the Indian Penal Code.

    1 Cr. M.P. No.827 of 2023

    ( 2026:JHHC:6148 )

    3. Learned counsel for the petitioner submits that the investigation of

    the case is still going on and charge sheet has not yet been submitted in

    this case.

    4. The allegations against the petitioner is that the petitioner claiming

    himself to be the Chairman-cum-Managing Director of M/s Vasavi

    Industries Ltd. approached the complainant for the purchase of coke on

    credit basis and made part payment of the coke supplied by paying small

    fractional amounts and an amount of Rs.1,04,36,479/- was due and

    payable against the petitioner and the co-accused persons which they

    were supposed to pay between July, 2014 to September, 2014 and though

    the co-accused persons issued five cheques in discharge of the said debt,

    but all the cheques were dishonored. A separate complaint case has been

    instituted in respect of the dishonor of cheques. There is further allegation

    that the accused persons of the case visited the office of the complainant

    and demanded further quantity of coke for their company as well as

    another company namely Mynah Industries Limited on false payment

    assurance and the complainant further on 23.11.2014 supplied coke to

    Mynah Industries Limited as well as M/s Vasavi Industries Ltd. and a

    sum of Rs.1,02,20,665/- became due against the petitioners and

    Rs.6,50,254/- become due and payable by the Mynah Industries Limited,

    but the accused persons of the case did not pay the said amount.

    5. The complainant filed Complaint Case No.2987 of 2015 in the Court

    of learned Chief Judicial Magistrate, Dhanbad which upon being referred

    to police under Section 156(3) of Cr.P.C.; police registered Govindpur P.S.

    2 Cr. M.P. No.827 of 2023
    ( 2026:JHHC:6148 )

    Case No.67 of 2018 and took up investigation of the case which is going

    on at present.

    6. Learned counsel for the petitioner relies upon the judgment of the

    Hon’ble Supreme Court of India in the case of S.W. Palanitkar & Others

    vs. State of Bihar & Another reported in (2002) 1 SCC 241 and submits

    that therein the Hon’ble Supreme Court of India in para-21 held that a

    mere failure to keep up promise subsequently cannot be presumed as an

    act leading to cheating.

    7. Learned counsel for the petitioner next relies upon the judgment of

    the Hon’ble Supreme Court of India in the case of G.V. Rao vs. L.H.V.

    Prasad & Others reported in (2000) 3 SCC 693 and submits that therein

    the Hon’ble Supreme Court of India held that Section 415 has two parts;

    while in the first part, the person must “dishonestly” or “fraudulently”

    induce the complainant to deliver any property; in the second part, the

    person should intentionally induce the complainant to do or omit to do a

    thing.

    8. Learned counsel for the petitioner next submits that in this case, the

    alleged transaction took place in connection with a commercial

    transaction between the parties and undisputedly the amount due has

    already been paid by way of cheques, but it is the case of the complainant

    that the cheques have been dishonored, but admittedly the cheques were

    not issued by the complainant and the complainant/opposite party no.2

    claims that he has instituted separate complaint case in respect of

    3 Cr. M.P. No.827 of 2023
    ( 2026:JHHC:6148 )

    dishonour of cheques, so in view of the admitted fact, no offence

    punishable under Section 406 or 420 of the Indian Penal Code is made out.

    9. Learned counsel for the petitioner further submits that this is a case

    which is purely of civil in nature, but a cloak of criminal case has been

    given to the civil dispute for the purpose of wreaking vengeance against

    the petitioner, hence, the prayer as prayed for by the petitioner in this

    Cr.M.P., be allowed.

    10. Learned Spl.P.P. appearing for the State and the learned counsel for

    the opposite party No.2 on the other hand vehemently oppose the prayer

    of the petitioner made in the instant Cr.M.P and submit that the allegation

    made in the FIR is sufficient to constitute both the offences punishable

    under Section 406 and 420 of the Indian Penal Code. Therefore, it is

    submitted that this Cr.M.P., being without any merit, be dismissed.

    11. Having heard the rival submissions made at the Bar and after

    carefully going through the materials available in the record, it is

    pertinent to mention here that it is a settled principle of law as has been

    held by the Hon’ble Supreme Court of India in the case of Vir Prakash

    Sharma Vs. Anil Kumar Agarwal & Anr., reported in (2007) 7 SCC 373

    wherein the Hon’ble Supreme Court of India has observed that when the

    dispute between the parties is essentially a civil dispute, nonpayment or

    under-payment of the price of the goods by itself does not amount to

    commission of an offence of cheating or criminal breach of trust.

    12. Now coming to the facts of the case, the undisputed facts remains

    that the petitioner in capacity of Chairman-cum-Managing Director of a

    4 Cr. M.P. No.827 of 2023
    ( 2026:JHHC:6148 )

    company approached the complainant for supply of coke. Admittedly,

    some part payment of the coke supplied has been received by the

    complainant and for the rest of the amount, the authorized signatories of

    the company concerned have issued five cheques which were

    dishonoured and for which separate complaint case has been instituted by

    the complainant/opposite party no.2.

    13. Under such circumstances, this Court is of the considered view that

    at best, it is a case of under payment of the goods supplied and the same

    by itself is not sufficient to constitute the offence punishable under Section

    406 or 420 of the Indian Penal Code ; the same having been taken place in

    respect of the commercial transaction and the price of goods has already

    been paid by the concerned persons by way of cheques, more so, even

    after the dishonour of cheques, some more coke has been supplied by the

    complainant. Basically, this is a case of civil dispute being given a cloak of

    a criminal case for the purpose of wreaking vengeance. Hence, this Court

    is of the considered view that the continuation of this criminal proceeding

    against the petitioner will amount to abuse of process of law and this is a

    fit case where the entire criminal proceeding as well as FIR of Govindpur

    P.S. Case No.67 of 2018 corresponding to G.R. Case No.1070 of 2018

    arising out of Complaint Case No.2987 of 2015 registered for the offences

    punishable under Sections 420/406 of the Indian Penal Code, be quashed

    and set aside.

    14. Accordingly, the entire criminal proceeding as well as FIR of

    Govindpur P.S. Case No.67 of 2018 corresponding to G.R. Case No.1070 of

    5 Cr. M.P. No.827 of 2023
    ( 2026:JHHC:6148 )

    2018 arising out of Complaint Case No.2987 of 2015 registered for the

    offences punishable under Sections 420/406 of the Indian Penal Code, is

    quashed and set aside qua the petitioner only.

    15. In the result, this Cr.M.P., stands allowed.

    16. In view of disposal of this Cr.M.P., the I.A. No.1529 of 2026 is

    disposed of being infructuous.

    (Anil Kumar Choudhary, J.)
    High Court of Jharkhand, Ranchi
    Dated the 09th of March, 2026
    AFR/ Abhiraj

    Uploaded on 11/03/2026

    6 Cr. M.P. No.827 of 2023



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