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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
Ritesh Agarwal, Founder, Oyo S/O Late Shri Ramesh Agarwal – Appellant
Versus
State By- Police Inspector – Respondent
ORDER :
M. NAGAPRASANNA, J.
The petitioners/accused 1 to 5 and 7 are at the doors of this Court calling in question entire proceedings in C.C.No.10486 of 2023 registered for offences punishable under Sections 120B, 406, 409, 417, 420, 427, 506 and 34 of the Indian Penal Code and pending before the IV Additional Chief Metropolitan Magistrate, Bengaluru.
2. Sans details, facts germane are as follows: -
2.1. The petitioners/accused and the 2nd respondent/ complainant entered into three separate Master Service Agreements (‘the Agreement’ for short) on 12-07-2019. The 5th petitioner/Oyo Hotels and Homes Private Limited was earlier known as Alcott Town Planners Private limited. The agreement was entered into between Alcott Town Planners Private limited and the 2nd respondent concerning three hotels. One of the hotels was M/s Jagadish hotel on Brigade Road. On 23-12-2018 a fire tragedy happens at the hotel. On 02-04-2019 a notice is issued by the Alcott Town Planners Private limited to the 2nd respondent to provide requisite safety certificate and licences pertaining to the hotel at Brigade Road. Another notice was followed to cure the breach and let unhindered access to the kitchen and other
Criminal proceedings cannot be pursued for a purely civil dispute, especially when arbitration is pending, unless criminal intent is clear, otherwise it constitutes an abuse of the legal process.
Criminal proceedings cannot be initiated for disputes that are purely civil, especially where the essential ingredients of the alleged offences are not met.
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....
Point of Law : Agreement was terminated by the complainant himself and the dispute before the Arbitrator was sought by the complainant himself. Therefore, there can be no question of an intention to ....
Dishonest or fraudulent intention must be present at the inception of a transaction to establish offences of cheating and criminal breach of trust; mere breach of contract does not constitute a crimi....
Main Legal Point
Civil disputes should not be framed as criminal offences when no fraudulent intent is evident, as it constitutes an abuse of legal processes.
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