Authority: High Court at Calcutta (Criminal Revisionary Jurisdiction)
Order Date: 22 June 2026
Case Overview
- Petitioners: Jakson Limited & its directors; Opposite parties: Dollon's Food Products Private Limited (complainant) and Kaiser Oils Private Limited (original purchaser); State of West Bengal as respondent.
- Complaint alleged cheating, breach of trust, and criminal conspiracy under IPC §§420, 406, 120B arising from a 2011 purchase order for a 500 kVA diesel generator and an advance payment of ₹5,02,500.
- After failure to deliver, Kaiser Oils sought adjustment of the advance against a new 2020 order placed by Dollon's; no balance payment was made, leading to a criminal complaint filed in 2021.
- The Court examined the lack of privity of contract between Dollon's and Jakson, the absence of fraudulent intent, the expiry of the limitation period for civil recovery, and concluded the dispute is a civil commercial matter, not a criminal offence.
Final Outcome
- Exercising inherent power under Section 482 CrPC, the Court quashed the entire criminal proceedings (G.R. case no. 2182 of 2021) against Jakson Limited.
- All related applications were disposed of, and an urgent certified copy of the order may be provided upon request.
Topics: Criminal Procedure, Commercial Dispute, Cheating Allegation