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AMAN CHAUDHARY
Naurati Lal – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Aman Chaudhary, J.
The present petition under Section 482 Cr.P.C. has been filed for quashing of FIR No.336 dated 08.07.2005, registered under Sections 406 , 420, 500 and 506 IPC at Police Station Civil Lines, Karnal and the consequential proceedings arising therefrom.
2. Briefly put, the allegations as made in the complaint is that the air condition was installed by the petitioner in the building of the complainant after causing harassment to him i.e. not settled within the time frame and even the entire work was not completed. The safety control was connected and thereafter, connected with the compressor directly with malafide intention to cause harm to the complainant's building. The warranty card was also not supplied.
3. Initially, respondent No.2 had filed a complaint under section 12 of the Consumer Protection Act to which, the petitioner filed written statement, Annexure P-2, whereafter the same was withdrawn by him vide Annexure P-3 after pursuing the same for 2 years, with liberty to file a civil suit. Besides the aforesaid, he also filed a criminal complaint dated 15.06.2005, Annexure P-4 under Section 156(3) Cr.P.C. before the Chief Judicial Magistrate, Karnal,
Power under Section 156(3) warrants application of judicial mind. A court of law is involved. It is not the police taking steps at the stage of Section 154 of the Code.
Court held that breaches of contract, if primarily civil in nature, do not implicate criminal liability unless fraudulent intent is evident from the outset.
Mere non-payment in business supply transaction does not constitute cheating under IPC Section 420 absent proof of dishonest inducement at inception; such civil disputes warrant FIR quashing to preve....
Main Legal Point
Extraordinary power under article 226 of Constitution and also inherent powers under Section 482 of Code which it said could be exercised by High Court either to prevent abuse of the process of any c....
(1) Section 420 IPC is a serious form of cheating that includes inducement (to lead or move someone to happen) in terms of delivery of property as well as valuable securities.(2) While breach of cont....
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