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M. NAGAPRASANNA
Patel Engineering Limited – Appellant
Versus
State Of Karnataka – Respondent
| Table of Content |
|---|
| 1. factual background of the case regarding real estate transactions. (Para 1 , 2 , 3 , 4 , 5) |
| 2. overview of the complaint registration. (Para 6) |
| 3. arguments from both parties about the nature of transactions. (Para 7 , 8 , 9) |
| 4. the court's analysis on whether criminal proceedings are justified. (Para 10 , 11 , 12 , 14) |
| 5. conclusion to quash the criminal proceedings based on lack of criminal intent. (Para 13 , 15 , 16) |
ORDER :
(PER: THE HON'BLE MR JUSTICE M.NAGAPRASANNA)
The petitioners/accused 1 to 6 are before this Court calling in question a crime in Crime No.422 of 2024 registered for offences punishable under Sections 406 , 420 and 506(2) of the IPC pending before the II Additional Civil Judge (Junior Division) and JMFC, Anekal, Bengaluru.
2. Facts, in brief, germane are as follows:-
1st petitioner/Patel Engineering Company (‘the Company’ for short) is a Company incorporated under the provisions of the Companies Act, 2013 and is said to be engaged in construction of dams, bridges, tunnels, roads, piling works, industrial structures, real estate and is said to be a public limited company in the Bombay Stock Exchange and the National Stock Exchange. The 2nd respondent
Breaches of commercial agreements do not constitute criminal offenses unless fraudulent intent is established at the outset, reinforcing that civil disputes should not be converted into criminal matt....
Criminal prosecution cannot be resorted to for settling civil disputes. Such an exercise is nothing but abuse of process of law which must be discouraged in its entirety.
Civil disputes should not be framed as criminal offences when no fraudulent intent is evident, as it constitutes an abuse of legal processes.
A mere commercial dispute, characterized by lack of initial dishonest intention, cannot constitute criminal offenses of cheating or breach of trust.
The distinction between civil breaches and concurrent criminal liabilities requires investigation to determine the presence of fraudulent intention.
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