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PANKAJ MITHAL, S. V. N. BHATTI
Ashok Kumar Jain – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
S.V.N. BHATTI, J.
1. Leave granted.
2. The appellant filed Criminal Misc. Application No. 11506 of 2017 before the High Court of Gujarat at Ahmedabad under section 482 of The Code of Criminal Procedure (“the Code”) for quashing the FIR bearing C.R. No. I-06 of 2017 registered with Salabatpura, Police Station, Surat for the alleged offences punishable under sections 406 and 420 of the Indian Penal Code (“IPC”). The said Criminal Misc. Application was dismissed (“Impugned Order”) by the High Court resulting in the filing of the Criminal Appeal.
3. The second respondent claims that he is running a business at Surat Textile market under the name and style of “Ansh Prints.” The nature of the business activity of the second respondent is to subject the Grey cloths purchased from weavers and process them for “Dyeing prints” and “Bal prints.” As a further process, the printed sarees are sent for cutting and saree work. The second respondent sells the finished printed and work saree products. The appellant is the director of a company registered in Sri Lanka and is doing business under the name and style of “Maayu Import and Export Ltd.” having its registered office at 103, 3rd Cross
None of the listed case laws explicitly indicate that they have been overruled, reversed, or treated as bad law based solely on the provided descriptions. There are no phrases such as "overruled," "reversed," "criticized," or "overturned" in the summaries. Therefore, based on the given information, no cases can be definitively categorized as bad law.
[Followed]
None of the case laws explicitly state they are followed or have been reaffirmed in subsequent judgments. The descriptions are more about the principles established rather than their subsequent judicial treatment.
[Distinguished or Clarified]
None explicitly mention being distinguished or clarified in later judgments. The language used does not indicate that subsequent courts have treated these cases as non-binding or clarified their scope.
[Unchanged/Neutral]
Most of the cases seem to establish legal principles or clarify legal positions without indication of subsequent treatment. For example:
<00100004441>: Clarifies the necessity of fraudulent intent for guilt in cheating.
<00100062999>: Discusses the ingredients for criminal offense and abuse of process.
<00100074196>: Describes the limits of High Court's power regarding FIRs.
<00100041251>: States that filing a divorce petition does not quash criminal proceedings.
<00100079065>: Defines dishonest inducement and discourages pressure through criminal prosecution.
All cases lack explicit references to subsequent treatment such as being overruled or criticized. Without additional case law citations or judicial comments, their treatment remains uncertain. The descriptions do not provide enough information to determine if they have been overruled or questioned in later judgments.
**Source :** Hridaya Ranjan Pd. Verma VS State Of Bihar - Supreme Court R K VIJAYASARATHY VS SUDHA SEETHARAM - Supreme Court Rashmi Kumar VS Mahesh Kumar Bhada - Supreme Court Kaptan Singh VS State of Uttar Pradesh - Supreme Court Pratibha VS Rameshwari Devi - Supreme Court A. M. Mohan VS State Represented by SHO - Supreme Court
Criminal breach of trust and cheating – Dismissal of quashing petition – Entrustment is not necessarily a term of law – It may have different implications in different contexts.
The mere failure to pay for goods in a commercial transaction does not constitute criminal breach of trust or cheating under IPC without evidence of dishonest intention.
Filing an FIR for non-payment in a commercial transaction does not inherently constitute criminal offences such as cheating or breach of trust; such disputes are civil in nature.
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