Criminal proceedings cannot be initiated for disputes that are purely civil, especially where the essential ingredients of the alleged offences are not met.

ORDER :

J. C. Doshi, J.

1. In paragraph 11 of the present petition, the petitioner has prayed for the following substantive reliefs:–

“A) to admit and allow this petition;

(B) to pass appropriate orders / directions quashing the complaint dated 12.04.2014 registered as Criminal Case No. 139/2015 in the court of learned Addl. Chief Judicial Magistrate, Bardoli and also further proceeding, if any, pursuant thereto;

(C) To pass appropriate orders/directions quashing and setting aside the order dated 23.01.2015 passed by the learned Additional Chief Judicial Magistrate, Bardoli directing to register the FIR u/s 406 & 420 of I.P.C. and to issue summons to the petitioner;

D) Pending admission, hearing and final disposal of this petition, Your Lordship may be pleased to stay further proceedings of the Criminal Case No.139/2015 pending in the court of learned Judicial Magistrate, First Class, Bardoli pursuant to the complaint dated 12.04.2014;”

2. Brief facts of the case are as under:-

2.1. The respondent No.2 filed a private criminal complaint under Sections 406 and 420 of the INDIAN PENAL CODE , 1860 (for short, “IPC”) before the learned J.M.F.C., Bardoli, alleging that the petitioner, who was engaged in construction business under the name “Krishna Developers,” had entered into an oral agreement with the complainant for supply of labourers. It was alleged that the petitioner paid Rs.11,00,000/- by cheque and executed a compromise deed on 16.04.2010 for the balance amount. The complainant further alleged that upon visiting the petitioner’s residence at Baroda on 27.03.2014, he was abused and threatened, following which he filed a written complaint with Bardoli Police Station on 28.03.2014, and subsequently, a private complaint before the learned Magistrate.

2.2. Pursuant to the said complaint, the learned Magistrate, by order dated 12.04.2014, directed the Police Inspector, Bardoli, to investigate and submit a report within 30 days. During the investigation, the petitioner’s statement was recorded, wherein he stated that he had paid Rs.11,26,000/- by cheque and Rs.16,00,000/- in cash to the complainant for the labour work, and that the balance Rs.1,79,000/- was settled by cheque on 27.05.2010. He further contended that the allegations of threat were false as he was in Australia from 14.03.2014 to 15.04.2014. The Investigating Officer verified the petitioner’s passport and call details of the complainant and, upon completion of inquiry, submitted a report on 17.09.2014 opining that no offence was made out.

2.3. The learned Magistrate, however, did not accept the said report and directed an inquiry under Section 202 Cr.P.C., recording the statements of two witnesses on 02.01.2015. Thereafter, by order dated 23.01.2015, the learned Magistrate directed registration of the FIR and issued summons under Sections 406 and 420 IPC against the petitioner. The petitioner, upon receipt of summons, appeared before the Court and sought relevant documents. The petitioner submits that the complaint, filed after an inordinate delay of nearly five years, is a gross abuse of the process of law, as neither the ingredients of the alleged offences are satisfied nor is there any material to justify continuation of criminal proceedings. Hence, the present petition.

3. Heard learned advocate appearing for the petitioner, learned advocate for the private respondent, and learned APP for the respondent -State.

4. Learned advocate for the petitioner has meticulously taken this Court through the contents of the FIR and submitted that the impugned complaint is, in substance, no