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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Suparna Bhalla – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Harpreet Singh Brar, J.
Present petition has been preferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No.7 dated 15.01.2025 under Section 420 of the Indian Penal Code, 1860 (for short 'IPC'), registered at Police Station IT City, Mohali, District SAS Nagar (Mohali) and all the subsequent proceedings arising therefrom.
FACTUAL BACKGROUND
2. Briefly, the facts of the case, as alleged, are that husband of the petitioner is a promoter of WTC, Noida Development Company Private Limited (for short 'WTC'). In the year 2015, the said company launched a commercial project in Mohali namely WTC Chandigarh and in the year 2022, complainants-respondents No.2 & 3 were allured to invest an amount of Rs.50,23,203/- in the same. The units hence purchased by respondents No.2 & 3 were scheduled to be handed over by June, 2023. However, they were unable to take possession of the same, as the construction never picked pace, in spite of multiple re-assurances. A report dated 07.12.2022 prepared by the Serious Fraud Investigation Office (for short 'SFIO'), which was presented before National Company Law Tribunal, Delhi, also states that the accused co
Point of law: Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations....
The central legal point established in the judgment is the requirement for specific allegations justifying investigation, the caution against interfering with ongoing investigations, and the need for....
Directors of a company can be held accountable for criminal breach of trust and cheating if they are found to have participated in fraudulent schemes affecting customers.
A legitimate prosecution should not be stifled by the inherent power under Section 482; delays must be evaluated in context and cannot independently quash serious allegations.
The court established that FIRs should not be registered for civil disputes and emphasized the importance of distinguishing between civil and criminal matters to prevent abuse of the legal process.
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