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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI
Nayan Dineshbhai Shah – Appellant
Versus
State Of Gujarat – Respondent
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 e
Criminal proceedings cannot be initiated for disputes that are purely civil, especially where the essential ingredients of the alleged offences are not met.
Point of law : exercise powers under Section 482 CrPC, the complaint in its entirety shall have to be examined on the basis of the allegation made in the complaint/FIR/charge-sheet and the High Court....
The court held that mere non-payment of dues in a commercial transaction does not constitute criminal offences under IPC Sections 406 and 420, emphasizing the distinction between civil and criminal l....
Dishonest or fraudulent intention must be present at the inception of a transaction to establish offences of cheating and criminal breach of trust; mere breach of contract does not constitute a crimi....
Mere non-payment for goods in a civil transaction cannot constitute cheating or criminal breach of trust under IPC; intent must be proven.
Non-payment of dues does not constitute criminal cheating or breach of trust unless fraudulent intent is established from the inception of the transaction.
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