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ANIL KUMAR UPMAN
Praveen Kumar Kagla, S/o. Premchand – Appellant
Versus
State of Rajasthan through PP – Respondent
ORDER :
Anil Kumar Upman, J.
1. The instant criminal misc. petition under Section 482 Cr.P.C. has been filed on behalf of the accused-petitioner assailing the order dated 08.02.2018 passed by learned Special Judge (NDPS Cases), Jhalawar in Criminal Revision No.92/2017 whereby the learned revisional court dismissed the revision and affirmed the order dated 01.02.2016 passed by learned Judicial Magistrate, Khanpur District Jhalawar taking cognizance against the petitioner for offences under Sections 420 and 409 IPC, in connection with FR No.66/2009 and FIR No.229/2009, Police Station Khanpur District Jhalawar.
2. Brief facts in a nutshell are that on 29.05.2009, the respondent No.2/complainant herein submitted a complaint under Section 156(3) Cr.P.C. in the court of learned Judicial Magistrate, Khanpur, Jhalawar, alleging inter alia that he is a farmer by profession and earns his livelihood from agriculture activities. It was alleged in the complaint that the accused petitioner deals in clothes, ornaments and agricultural produces (jeans) etc. and runs a business in the name of M/s Premchand Praveen Kumar Kagla. It was alleged that on 02.04.2008, the accused petitioner bought 85 quintal
Criminal proceedings cannot be initiated for disputes that are fundamentally civil, to prevent misuse of the legal system.
The court established that criminal proceedings cannot be sustained when the underlying dispute is civil, particularly in the context of long-standing business relationships.
The main legal point established in the judgment is that when disputes between the parties constitute only civil wrong and not a criminal wrong, the Courts would not permit a person to be harassed. T....
The court held that criminal proceedings cannot continue when the underlying dispute is civil in nature, to prevent abuse of the judicial process.
The court established that civil disputes should not be mischaracterized as criminal offenses to avoid abuse of the judicial process.
The Court can quash proceedings under Section 482 Cr.P.C if the allegations do not constitute any offence, but the power should be used sparingly and only to prevent abuse of process or to secure end....
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