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IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL), J.
Bhaskar Roy Choudhury – Appellant
Versus
Sukanya Biswas & Anr. – Respondents
CRR 1350 of 2020 With CRAN 1 of 2020
Decided on : 26-02-2024
Quashing of Proceedings - Criminal Offences - Indian Penal Code, 1860, Sections 420/406 - The court discussed the allegations of cheating and embezzlement, the repayment of the amount, and the civil nature of the dispute. It referred to various precedents discouraging proceedings initiated to harass the other party and highlighted the principles governing the exercise of jurisdiction under Section 482 CrPC for quashing of criminal proceedings.
Fact of the Case:
The petitioner sought quashing of criminal proceedings under Sections 420/406 of the Indian Penal Code, 1860, alleging cheating and embezzlement. The complainant accused the petitioner of taking money and promising a railway job for her daughter, which the petitioner denied. The petitioner repaid the amount, and the dispute also involved the return of car keys and the use of a garage.
Finding of the Court:
The court found that the dispute was civil in nature, the amount had been repaid, and there was no evidence of the alleged assurance regarding the railway job. It referred to various precedents discouraging proceedings initiated to harass the other party and held that allowing the case to proceed towards trial would be an abuse of the process of law.
Issues: The issues involved allegations of cheating and embezzlement, the repayment of the amount, and the civil nature of the dispute. The court also considered the exercise of jurisdiction under Section 482 CrPC for quashing of criminal proceedings.
Ratio Decidendi: The court applied the principles governing the exercise of jurisdiction under Section 482 CrPC for quashing of criminal proceedings, emphasizing that a criminal proceeding should not be permitted to degenerate into a weapon of harassment or persecution. It also highlighted the categories of cases where the power under Section 482 CrPC could be exercised to prevent abuse of the process of any court or to secure the ends of justice.
Final Decision: The court allowed the revision petition, quashed the criminal proceedings, and disposed of all connected applications. It directed the Trial Court to comply with the judgment and provided for the supply of an urgent certified website copy of the judgment.
JUDGMENT :
Shampa Dutt (Paul), J.
1. The present revision has been preferred praying for quashing of proceedings in G.R. No. 8042 of 2019 corresponding to New Barrackpore P.S. Case No. 462/2019 dated 27/11/2019 under Sections 420/406 of the Indian Penal Code, 1860 now pending before the Court of the Learned Additional Chief Judicial Magistrate at Barrackpore.
2. The allegations in the written Complaint filed by Opposite No. 1 are:-
Mr. Bhaskar Roy Choudhury being a family friend of my husband since July, 2018, visited my residence and thereby developed cordial relation. Taking advantage of this family relation he said he is in great trouble regarding some personal matters so I helped him by going to a co-operative and he took a sum of 1 lac from Sangita Paul. Thereafter he told me as well as my daughter and promised to give an appoint in Indian Railway as soon as she reaches the age of eighteen years.
He is now denying that he has taken such the said amount.
In addition he visited me to take a gold loan of 1,22,000 from Muthut Finance, Sajirhat Branch, where he signed as a witness being a Government Servant dated on 12.01.2018.
Mr. Bhaskar Roy Choudhury is now denying to accept the sum of which prompted to back up the cordial relationship and pay the above noted sum on several occasions. Despite of embezzling the above noted sum of 3 lacs from my husband Sammilan Biswas he had sent a legal notice detailed from his lawyer Mr. Chiradip Dhar stating to defend some false and fictitious and concordant allegations.”
3. Supplementary affidavits filed by the petitioner are on record. It appears that the legal notice sent by the petitioner relates to the duplicate keys of his car, which was in the custody of the Complainant. The keys were given when the petitioner was using the Complainant’s garage, but though he shifted his car, the keys were not being returned.
4. It is admitted in the said notice that the petitioner had taken a sum of rupees three lakhs through Cheque in 2019 and also issued one cheque in 2021 of the said amount to repay the amount.
5. In the said notice dated 14.11.2019, the petitioner was willing to repay the said amount in 2019 itself, in return of the said cheque of the year 2021.
6. The car keys were to be returned by the complainant and the sum of Rs. 3,00,000/- to be repaid by the petitioner as per convenience of the Complainant. Statement of Accounts of the petitioner shows that the said amount has been repaid.
7. The Complainant/Opposite party has admitted the said repayment but has stated that even then the petitioner has prima facie committed the offences alleged.
8. The State has placed the case diary along with a Memo of Evidence.
9. There is absolutely no materials on record to show that the said amount which has admittedly been repaid, had been taken on the assurance of providing a railway job to the complainant’s daughter when she attains 18 years of age.
10. None of the witnesses have stated about any such assurance in their statement.
11. The offences alleged are under Sections 420/406 of the Indian Penal Code.
12. The dispute in the present case is clearly civil in nature.
13. The Supreme Court in several precedents has discouraged such proceedings initiated by the complainant only to harass the other party. Some of the rulings are as follows:-
b) Birla Corporation Ltd. vs Adventz Investments and holdings, (Criminal Appeal No. 877 of 2019) (Para 86).
c) Mitesh Kumar J
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Criminal proceedings cannot be initiated for civil disputes; a prima facie case must exist to avoid abuse of legal processes.
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