- (1.)BARKAT Ali Zaidi, J. Opposite Party No. 2-complainant is an Etawah based firm dealing in food grains while M/s. Bhagwati Udyog is Manpuri based firm with its partners accused Ashok and Ramesh.
(2.)THEY alongwith one Shambhu Dayal have come to this Court under Section 482, Cr. P. C. for termination of Criminal Proceedings in Criminal Complaint Case No. 1055 of 1986 filed by opposite party No. 1 in which they alongwith two others Prem Narayan and Ram Swaroop of Calcutta were summoned by Additional Munsif Magistrate, Etawah under Section 420, I. P. C.
The allegation against applicants Ashok and Rakesh was that they purchased food grains for their firm for a sum of Rs. 36069. 90 on six different dates ranging from 9-10-1982 to 13-10- 1982 and gave a Hundi towards the aforenoted transaction amounting to Rs. 25,000/- on 29-10-1982, which was to be honoured by accused Prem Narain and Ram Swaroop of Kolkata for Mainpuri firm, but was not honoured. The grouse of the complainant is that they were deceived and cheated for that amount of Rs. 25,000/ -.

I have heard Sri S. V. Goswami, Advocate for the applicants and Sri A. K. Tiwari for opposite party No. 1.

(3.)THE contention of Counsel for the applicants is that the complaint mentions numerous commercial and financial transactions in between the parties and the case is of civil nature. As against it, the contention of the complainant Counsel is that the Opposite Party No. 2 complainant has been cheated because the Hundi issued by the accused Mainpuri firm was dishonoured by accused Prem Narain and Ram Swaroop of Kolkata and accused Ashok by filing a bond stood a guarantor and on the pretext that original Hundi was lost obtained the delivery of goods which was subject matter of the Hundi without making any payment.
The aforesaid facts clearly carve out that the dispute between the parties is essentially of a civil nature. There were various commercial transactions between the parties and the payments made and unmade and the entire gamut of sequence of the transaction clearly demonstrates that the case of criminal cheating is made out.