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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR
URMILA JOSHI-PHALKE, NANDESH S.DESHPANDE
Jayesh Kailash Attarkar – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
(PER : URMILA JOSHI-PHALKE, J.)
Heard. Admit. Heard finally with the consent of learned Counsel for both the parties.
2. Present application is preferred by the applicants for quashing of the First Information Report in connection with Crime No. 0784/2022, registered under Section 403 , 406, and 420 read with Section 34 of Indian Penal Code, as also, consequent charge-sheet and the proceeding arising of out of the same bearing RCC No. 425/2025, pending before the 2nd Judicial Magistrate First Class, Akola.
3. The crime is registered on the basis of a report lodged by the informant, namely, Ashok Jitendrakumar Morya, on an allegation that the present applicants have obtained money from him time to time on the pretext of repairing of his vehicle and thereafter replacing the parts of the vehicle, and subsequently, the informant came to know that no such parts are replaced and the amount of the informant was also not returned back to him. On the basis of the said report, the police have registered the crime against the present applicants. As per the allegations, the informant was cheated by the present applicants by obtaining the amount of Rs.2,25,000/-.
4. After registration o
Absence of dishonest intention and specific acts attributed to an accused results in no prima facie case for offences under IPC Sections 403, 406, and 420.
Not every breach of contract amounts to cheating or criminal breach of trust; intention of deception at the inception is crucial for such offences.
The distinction between civil disputes and criminal offenses is crucial; mere breach of contract does not constitute a criminal offense unless there is evidence of dishonest intention.
The court ruled that allegations in the FIR did not establish a prima facie case against the applicant, thus quashing the proceedings due to lack of sufficient evidence and potential malice.
The power to quash criminal proceedings should be exercised sparingly, and a prima facie case for trial must be made out before interference under Section 482 of the Code of Criminal Procedure.
The central legal point established in the judgment is that criminal proceedings should not be used as a shortcut for civil disputes, and the need for fraudulent or dishonest intention at the time of....
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