2025 (5) TMI 2177

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.... prayer to quash summoning order dated 03.11.2023 passed by Additional Chief Metropolitan Magistrate-I, Kanpur Nagar in Complaint Case no. 113283 of 2023, P.S. Badshahi Naka, District-Kanpur Nagar under section 406 IPC or to stay the further proceedings of aforesaid case during the pendency of the present application. 3. The factual matrix of the case is that O.P. no. 2/M/s Lalita Textiles was engaged in business of thread used for manufacturing of clothes and the applicant was in business terms with O.P. no. 2. O.P. no. 2 had delivered thread/goods to the applicant worth 52,34,385/- out of which 47,75,000/- was paid to the complainant through Rs. Rs. R.T.G.S., however, there was outstanding amount of 4,59,385/- since August Rs. 2019. O.....

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....at apart from aforesaid there is nothing on record to establish that goods worth Rs.52,34,385/- were ever supplied to the applicant's firm. At last, he submitted that the dispute between the parties is purely of civil nature and if the instant criminal prosecution against the applicant is allowed to continue, the same would amount to gross abuse of process of law, hence, the impugned summoning order as well as the entire proceedings of complaint case are liable to be set aside. In support of his submissions, he has placed reliance on judgment passed by Hon'ble Supreme Court in Delhi Race Club (1940) Ltd. and others vs. State of U.P. and another, 2024 SCC OnLine SC 2248:2024 INSC 626. 5. Per contra, learned counsel for O.P. no. 2 ....

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....gly used. Only when the Court comes to the conclusion that there would be manifest injustice or there would be abuse of the process of the Court if such power is not exercised, Court would quash the proceedings. In economic offences Court must not only keep in view that money has been paid to the bank which has been defrauded but also the society at large. It is not a case of simple assault or a theft of a trivial amount; but the offence with which we are concerned is a well-planned and was committed with a deliberate design with an eye of personal profit regardless of consequence to the society at large. To quash the proceeding merely on the ground that the accused has settled the amount with the bank would be a misplaced sympathy. If the ....