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AMIT SHARMA
Manohar Bhasin Hazooria – Appellant
Versus
State – Respondent
JUDGMENT
Amit Sharma, J. The present petition under Section 482 of the Code of Criminal Procedure, 1973 (`CrPC') seeks quashing of summoning order dated 18.12.2013, passed by learned Metropolitan Magistrate, Tis Hazari Courts, Delhi, in Complaint Case No.12257/2013, P.S. Rajouri Garden.
2. The facts of the present case, as stated in the present petition are as under:
i. The complainant is allegedly engaged in the business of property dealing and the Petitioner No.1 being the owner of the premises in question, bearing no. 60, Ground Floor, Ring Road, Lajpat Nagar-III, New Delhi approached the complainant to lease out her commercial showroom.
ii. It is further alleged that accordingly the complainant showed the said property to many prospective tenants and thereafter, on 05.03.2013, a deal was finalized to let out the said property to one M/s Biba Apparels Pvt. Ltd. Wherein it was also agreed that the Petitioner No.1 shall pay two months' rent as commission and service tax for every year of tenancy. The rent was fixed to the tune of Rs.7 Lacs for the first year and Rs.7.5 lacs for next year.
iii. The contract between the Petitioners and M/s Biba Apparels Pvt. Ltd. was finalized through
The main legal point established in the judgment is that a civil dispute does not get converted into a criminal offence without satisfying the essential elements of the alleged provisions, and there ....
Allegations of fraud must demonstrate clear fraudulent intent at the time of the agreement, solely distinguishing civil disputes from criminal cases under IPC Sections 405 and 420.
A detailed appreciation of evidence is not required at the stage of summoning of an accused person.
It is well settled that the power under Section 482 Cr.P.C. should be sparingly invoked with circumspection; it should be exercised to see that the process of law is not abused or misused.
Even if any case has been filed by the complainant/informant before the consumer forum and the same has been dismissed on the ground of alternate remedy, the same could not clothe this case as a civi....
The court emphasized the importance of conducting the necessary enquiry under Section 202 of Cr.P.C. before summoning the accused persons, to ensure that the allegations in the complaint prima facie ....
The absence of necessary elements for a breach of trust under IPC Section 409 necessitates quashing the summoning order.
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