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IN THE HIGH COURT AT CALCUTTA
APURBA SINHA RAY
Sankar Mondal – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. details of the agreements and disputes. (Para 1 , 24 , 30) |
| 2. arguments regarding the nature of the complaint. (Para 2 , 3 , 16) |
| 3. legal principles concerning cognizance and complaints. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 4. guidance on the quashing of criminal proceedings. (Para 12 , 13 , 21 , 22 , 23) |
| 5. criteria for determining the nature of allegations. (Para 14 , 18 , 19) |
| 6. court's reasoning on the lack of criminality. (Para 28 , 29) |
| 7. final decision to allow the application. (Para 32 , 33) |
JUDGMENT :
APURBA SINHA RAY, J.
1. The instant application under Section 482 of Cr.P.C. was filed by the petitioner Sankar Mondal alleging inter alia that initially an agreement dated 01.03.2017 was executed by and between the opposite party no. 2 and himself. The said agreement was essentially a development agreement for a project to be constructed by the opposite party no. 2 who had paid Rs. 25,00,000/- (twenty five lakhs only) to the petitioner by way of cheques on the basis of certain conditions as mentioned in the said agreement. However, subsequently misunderstanding and disputes were cropped up and by an agreement dated 04.01.2020 the aforesaid agreement dated 01.03
A criminal complaint must not be lodged when the dispute is primarily civil; therefore, criminal proceedings are an abuse of law.
Point of law: Cheating – private complaint - Court has to examine whether the material on record is sufficient and whether the Magistrate is satisfied with the allegations in the complaint
A mere breach of contract does not constitute a criminal offense unless there is dishonest intention from the outset; judicial mind must be applied before directing police investigation under Section....
Direction for Police investigation – Every breach of contract cannot be subject matter of criminal case unless there is deception played at very inception.
A complaint under Section 200 Cr.P.C. must demonstrate a prima facie case of cheating, including proof of dishonest intention, which was not established in this case.
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