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SUDESH BANSAL
Ram Prasad Sharma – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Sudesh Bansal, J. - Petitioner-complainant has filed instant criminal misc. petition under Section 482 Cr.P.C., challenging the order dated 21.03.2022 passed by the Additional District & Session Judge No.6, Jaipur Metropolitan-II, dismissing his criminal revision petition No.02/2022 and affirming the order dated 23.12.2021 passed by the Additional Chief Metropolitan Magistrate, No.3, Jaipur Metropolitan-II whereby and whereunder while dismissing the protest petition filed by the petitioner, the negative final report in FIR No.17/2019 registered for offence under Sections 420, 406 and 447 IPC has been accepted with observations that the dispute sought to be raised in the FIR is purely of civil nature.
2. Heard learned counsel for the petitioner, counsel for the complainant as well as learned Public Prosecutor and perused the material available on record.
3. It appears from the record that the petitioner-complainant claimed to have purchased three shops through an agreement to sell dated 07.12.1987 for a consideration Rs. 13,000/- from one Shravan Kumar Kumawat. Indisputably, on the same date, power of attorney in respect of three shops was executed in favour of Hari Narayan Sha
The High Court's jurisdiction under Section 482 Cr.P.C. is limited to cases with clear jurisdictional errors or abuse of process, which were not present in this case.
The court emphasized that civil disputes should not be transformed into criminal cases without the necessary ingredients of a criminal offence, allowing the quashing of proceedings.
At the stage of framing of charge, the Trial Court is only required to prima facie presume whether a case against the accused may be made out.
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 pendency of a civil suit does not bar the initiation of a criminal complaint. When a complaint has been dismissed by the Magistrate, the accused has the right to be heard before the revisional co....
The court affirmed that sufficient prima facie evidence can justify the framing of charges under IPC provisions related to fraud and misrepresentation.
The court established that civil disputes should not be cloaked as criminal offenses, allowing for quashing of FIRs when no criminal offense is disclosed.
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