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DELHI HIGH COURT
CHANDRA DHARI SINGH
Yogesh Jagia – Appellant
Versus
Jindl Biochem Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. petitioner's arguments against the complaint. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 3. respondent's arguments supporting the complaint. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 4. court's analysis of the case. (Para 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36) |
| 5. conclusion quashing the complaint. (Para 37 , 38 , 39 , 40) |
JUDGMENT
Chandra Dhari Singh, J.
1. The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter "Cr.P.C.") has been filed on behalf of the petitioner seeking following prayer:
"(i) Pass an order allowing present petition and quashing the summoning order dated 27.11.2013, qua the petitioner, issued in complaint case No. 149/1/12 by Ms Purva Sareen, Metropolitan Magistrate-01/south/Saket Court, New Delhi..."
FACTUAL MATRIX
The Brief facts of the case leading to the filing of instant petition are as follows:
2. The Petitioner is a practicing Advocate enrolled with Bar Council of Delhi since 1991 and the Respondent/Complainant is a real estate development company.
3. In 2005, four promoters of complainant company, namely, Rajin
The absence of necessary elements for a breach of trust under IPC Section 409 necessitates quashing the summoning order.
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 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 ....
Mens rea is a crucial element for establishing offences under IPC Sections 403 and 406, and the Magistrate must demonstrate application of mind in summoning accused persons.
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 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.
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