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VIBHA KANKANWADI
Babu Dadasaheb Gavhane – Appellant
Versus
Shailesh Gopal Dahad – Respondent
JUDGMENT :
1. Rule. Rule made returnable forthwith. By consent, heard finally.
2. Present writ petition has been filed by the original accused for quashing the proceedings against him i.e. Regular Civil Suit No.420 of 2020 pending before the learned Judicial Magistrate First Class, Aurangabad, for the offence punishable under Section 406, 420 of the Indian Penal Code and also for setting aside the order dated 28-07- 2021 regarding issuance of process against the petitioner.
3. Respondent No.1 is the original complainant. The notice issued to respondent No.1 was received by his father and the report says that the complainant had gone out of station and then the father accepted the notice, so also the server was allowed to contact respondent No.1 on mobile and thereby the intimation has been given about the notice. Since the notice has been served on the adult male member of the family of respondent No.1, it is good service. He has not appeared.
4. Heard learned Advocate for the petitioner as well as learned APP for respondent No.2.
5. It has been vehemently submitted on behalf of the petitioner that the complainant has filed the said private complaint Regular Criminal Case No.420 of
Section 405 IPC defines criminal breach of trust.
The court established that inadequate notice to a complainant in criminal proceedings constitutes an abuse of process, and emphasized the distinction between civil and criminal disputes.
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 proceedings should not be initiated for disputes that are fundamentally civil in nature, and the essential ingredients of the alleged offenses must be clearly established for prosecution und....
Mere breach of contract cannot constitute cheating or criminal breach of trust without evidence of fraudulent intent; suppression of material facts by the complainant invalidates the proceedings.
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