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ARVIND SINGH SANGWAN, MOHD. AZHAR HUSAIN IDRISI
Ravi Mohan – Appellant
Versus
State Of Uttar Pradesh – Respondent
JUDGMENT :
(Arvind Singh Sangwan, J.)
1. By this judgment, Criminal Misc. 5280 of 2023 as well as Criminal Misc. Writ Petition No. 2140 of 2023 are decided as both the petitions arise out of same impugned First Information Report dated 21.11.2022 registered as Case Crime No. 486 of 2022 at Police Station – Sector 113, Commissionerate, Gautam Buddha Nagar, Uttar Pradesh under Sections 406, 409, 420, 467, 468, 471, 504 and 506 of IPC as well as the impugned order passed by the Chief Judicial Magistrate, Gautam Buddh Nagar dated 17.12.2022 directing to register the F.I.R.
2. It is worth noticing that these petitions are pending since 2023 and a coordinate Bench of this Court reserved the judgment on 25.7.2023. However, subsequently on 25.9.2023, the case was again relisted for arguments. Thereafter, the case was listed before another Bench and vide order dated 8.4.2024, the arrest of the petitioners was stayed. On 27.7.2024, again the case was listed before another Bench which passed an order of rescuel and as per the order of Hon’ble the Chief Justice dated 29.7.2024, this case is directed to be listed before this Bench.
3. Arguments were heard and judgment was reserved on 22.08.2024.
4.
The court ruled that allegations of misappropriation and forgery in the FIR were unfounded, emphasizing that civil disputes cannot be converted into criminal litigation.
The court confirmed that a fiduciary relationship can give rise to criminal liability under IPC sections for failure to remit entrusted funds, emphasizing that both civil and criminal remedies may be....
Filing an FIR for non-payment in a commercial transaction does not inherently constitute criminal offences such as cheating or breach of trust; such disputes are civil in nature.
Criminal proceedings ought not to be scuttled at the initial stage. Quashing of a complaint should rather be an exception and a rarity than an ordinary rule. Considering the allegations made in the c....
A breach of contract does not constitute cheating unless fraudulent intent is proven at the outset of the agreement, as established in relevant legal precedents.
Criminal prosecution is justified when allegations indicate dishonest intent and forgery, overriding claims of civil dispute under contractual obligations.
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