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KAUSHIK GOSWAMI
Dipsikha Choudhury W/o Sudarshan Medhi – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
KAUSHIK GOSWAMI, J.
Heard Mr. K.N. Choudhury, learned Senior Counsel assisted by Mr. A.H. Ahmed, learned counsel for the accused petitioner. Also heard Mr. S. Borthakur, learned counsel appearing for the respondent No. 2 and Mr. R.R. Kaushik, learned APP for the State respondents.
2. By filing the instant petition under Section 482 CrPC, 1973, the accused petitioner is seeking quashing of the First Information Report being registered as Hatigaon PS Case No. 264/2023 registered under Section 419/406/420 IPC.
3. The facts of the case are as follows:-
The accused petitioner was engaged as Consultant of Hudson Foods Private Limited by Consultant Engagement Agreement dated 19.04.2021 to provide services as set forth in Appendix-A of the said Agreement and the Company agreed to pay the Consultant as mentioned in Appendix-B of the said Agreement. Accordingly, the accused petitioner was working as Consultant of the said Company since 2019.
4. While the accused petitioner was working with the said company since 2019, on 08.08.2023 one Aditya Haralalka/informant lodged an FIR against the accused petitioner before the Hatigaon Police Station alleging interalia that one Nilank Kashyap und
Criminal proceedings under S.406 and S.420 IPC cannot be sustained for simple breach of contract or failure to pay in commercial sales transactions; such disputes are essentially civil in nature, and....
The court reiterated that a mere breach of contract does not constitute a criminal offence unless fraudulent or dishonest intention is established, quashing the FIR due to lack of supporting evidence....
Entrustment of property under employment constitutes criminal breach of trust; conviction under Section 408 upheld despite claims of FIR delay and improper examination.
A prosecution which is bound to lame to be interdicted in the interest of justice as continuance of which will amount to abuse of the process of law.
Mere breach of contract does not amount to cheating or criminal breach of trust unless there is clear evidence of fraudulent or dishonest intention at the time of the transaction.
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