Gauhati High Court
Page No.# 1/4 vs The State Of Assam And Anr on 15 November, 2022
Page No.# 1/4
GAHC010229502022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./1141/2022
M/S MPR INFRATECH PVT LTD AND 4 ORS
A COMPANY DULY REGISTERED UNDER THE PROVISIONS OF THE
COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT 2ND FLOOR,
RAJDEEP COMPLEX, F.A. ROAD, KUMARPARA, GUWAHATI- 781009 IN THE
DISTRICT OF KAMRUP (M), ASSAM, REP. BY ITS DULY AUTHORIZED
DIRECTOR, SRI PRATIK KUMAR AGARWAL.
2: SRI RAJ KUMAR AGARWAL
DIRECTOR
M/S MPR INFRATECH PVT. LTD.
2ND FLOOR
RAJDEEP COMPLEX
F.A. ROAD
KUMARPARA
GUWAHATI - 781009
IN THE DISTRICT OF KAMRUP (M)
ASSAM
3: MRS. SARITA AGARWAL
W/O SRI PAWAN KUMAR AGARWAL
DIRECTOR
M/S MPR INFRATECH PVT. LTD.
2ND FLOOR
RAJDEEP COMPLEX
F.A. ROAD
KUMARPARA
GUWAHATI- 781009
IN THE DISTRICT OF KAMRUP (M)
ASSAM
4: SRI PRATIK KUMAR AGARWAL
S/O SRI PAWAN KUMAR AGARWAL
DIRECTOR
M/S MPR INFRATECH PVT. LTD. 2ND FLOOR
Page No.# 2/4
RAJDEEP COMPLEX
F.A. ROAD
KUMARPARA
GUWAHATI- 781009
IN THE DIST. OF KAMRUP (M)
ASSAM
5: MRS. CHINKI AGARWAL
D/O SRI PAWAN KUMAR AGARWAL
DIRECTOR
M/S MPR INFRATECH PVT. LTD. 2ND FLOOR
RAJDEEP COMPLEX
F.A. ROAD
KUMARPARA
GUWAHATI- 781009
IN THE DIST. OF KAMRUP (M)
ASSA
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY THE LD. PP, ASSAM
2:M/S KRISHNA TRADERS
REP. BY THE ITS PROPRIETOR SRI ASHISH SHAH
SON OF SURESH SHAH
AGED 41 YEARS
R/O SARAB BHATTI
P.O. GUWAHATI- 781007
KAMRUP (M)
ASSA
Advocate for the Petitioner : MR G N SAHEWALLA
Advocate for the Respondent : PP, ASSAM
BEFORE
HON'BLE MR. JUSTICE ROBIN PHUKAN
ORDER
15.11.2022.
Page No.# 3/4
Heard Mr. G.N. Sahewalla, learned Senior Counsel, being assisted by Ms. K.
Bhattacharyya, learned counsel for the petitioners and also heard Ms. S.H. Bora,
learned Addl. P.P., Assam appearing for the State respondent.
This petition 482 of the CrPC is preferred by applicant M/s. MPR Infratech Pvt.
Ltd. and four others, for quashing of the Paltanbazar P.S. Case No.388/2022,
registered under Section 406/420 of the IPC.
The said case has been registered on the basis of one complaint lodged by one
Ashish Shah (respondent No.2), on 11.08.2022. The allegation against the
applicants relates to non-payment of a sum of Rs.6,35,115/- to the respondent,
that become due out of contractual obligation between them and cheating and
criminal breach of trust.
Having heard learned Advocates for both sides and perused the petition and the
documents placed on record.
Let notice be issued to the respondent No.2, returnable in 4 (four) weeks. Steps
be taken for service of notice upon respondent No.2, by registered post with
A/D as well as by usual process within a week from today.
No formal notice is required to be issued to State respondent No.1, as Ms. SH
Bora, learned Addl. P.P., Assam has entered appearance and accepted notice.
However, she shall be provided with requisite extra-copy of the petition during
the course of the day.
Call for the case diary from the concerned police station.
Mr. Sahewalla, the learned Senior Counsel for the applicants submits that the
complaint lodged by the respondent No.2 is not all maintainable in view of
judgment of the Hon'ble Supreme Court in Vijay Kumar Ghai and others vs. State
of West Bengal, reported in (2022) 7 SCC 124 and that the respondent has
Page No.# 4/4
converted a pure civil dispute to a Criminal Case and therefore, it is contended
to stay further investigation.
Considering the submission of learned Advocates of both sides and also
considering the case law referred by the learned Senior Counsel for the
petitioners, in the case of Vijay Kumar Ghai (supra) and also considering the
substance of the complaint dated 11.08.2022, I find that a prima facie case for
granting stay appears to be made out. Accordingly, further investigation of
Paltanbazar P.S. Case No.388/2022, under Section 406/420 of the IPC, stands
stayed till the returnable date.
List the matter after four weeks.
JUDGE
Comparing Assistant
