IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2148 2008 Mr.Umeshchandra R. Khanna .. Applicant Vs. Tradesvel Security Service Pvt. Ltd. & Ors. .. Respondents Mr.Ashok Bhatia for the Applicants. Mr.J.P.Yagnik, A.P.P for Respondent No.3. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE : 11th July 2008. P.C.: 1. Heard learned advocate appearing for the applicant. The applicant is a complainant in a private complaint filed by him alleging commission of offences under section 418 and 420 of the Indian Penal Code. 2. The case of the applicant is that 2nd respondent (2nd accused) was his family friend. The case is that 1st and 2nd respondents entrusted the work of renovation and painting in the two flats to the applicant. Total remuneration was fixed at Rs.5,22,016/- after a discount of Rs.50,000/-. According to the case of the applicant, a part payment were made by 1st and 2nd respondent and the balance amount of Rs.2,30,016/- was not paid by the : 2 : 1st and 2nd respondents. Process was issued on the said complaint by the learned Magistrate under 420 of Indian Penal Code. In Criminal Revision Application filed by the 1st and 2nd respondents, the learned Additional Sessions Judge interfered and has set aside the order issuing process. 3. After having heard the learned counsel appearing for the applicant and after having perused the averments made in the complaint it is obvious that even accepting the statements made in the complaint as true and correct, the ingredients of cheating at the inception of the transaction are not made out. Process was issued only under section 420 of the Indian Penal Code. It is obvious that the dispute between the parties is purely a civil dispute. No case for interference is made out. Application is rejected. (A.S.Oka,J)