1 Cri.Appln.No.3683/09 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.3683 OF 2009 Mr. Anil Agarwal ...Applicant. v. The State of Maharashtra & Ors. ...Respondents. Mr. Ashok M. Misal, adv. For the Applicant. Ms.M.H.Mhatre, APP for the R.No.1. Mr.Ankush S. Bansal, adv. For the Respondent No.2. CORAM : J.H. BHATIA, J. DATED : AUGUST 3, 2010 P.C. 1 Heard the learned counsel for the Parties. 2 Applicant before this Court is the original accused in Regular Criminal Case No.149/2008 filed by the respondent no. 2/complainant. It is the case of the complainant that the accused/present applicant had placed an order for supply of oil with the complainant giving assurance that the price will be paid by the Demand Draft within 8-10 days. On that representation on 21.11.2007 as per the bill no.1230, oil worth Rs.7,34,056/- was supplied and delivery was received by the accused. However, he did not make the payment as per the assurance. When the complainant told the accused that the legal action would be 2 Cri.Appln.No.3683/09 taken if he would not make the payment, the accused paid the amount of Rs.1,50,000/- in four installments from 5.1.2008 to 22.1.2008. However, the balance amount is not paid. It is the contention of the complainant that the intention of the accused was never to make the payment. He had cheated the complainant by making false representations and by giving false assurances on the basis of which complainant had supplied the goods without receiving the payment immediately, which is his normal practice. On the basis of complaint, process was issued for the offences punishable under sections 415, 417, 418 and 420 of the I.P.C. That process is challenged in the present application. 3 On hearing the learned counsel for the parties, it appears that this was the only transaction between the parties and the complainant had acted upon the representation and the assurances given by the accused to make the payment of the price within 8-10 days by DD. In view of the fact that no payment was made thereafter except an amount of Rs.1,50,000/- that too under the threat of legal action, prima- facie it appears that the accused had no intention to make the payment and representation made by him was false. Taking into consideration these circumstances, I find no reason to quash the process. 3 Cri.Appln.No.3683/09 4 Therefore, the application stands dismissed. (J.H. BHATIA,J.)