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VIVEK AGARWAL
Chevron Inc. – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
1. This writ petition is filed by the complainant being aggrieved of the order dated 9.2.2021 whereby he is directed to appear on 9.4.2021 before learned JMFC, Jabalpur in complaint case No.558/2019 on the ground that a purely civil dispute has been converted by the respondent No.4 into a criminal case with ulterior motive and, therefore, a prayer is made to set aside the criminal case instituted by the respondent with a further prayer to discharge the petitioner.
2. Brief facts, leading to the present case, are that the petitioner is a Firm based at Mumbai, Maharashtra. They had forwarded their offer vide quotation against the requirement for supply of 100 number of smart dustbin with data sheet along with terms and conditions to the respondent No.4.
3. It is submitted that the said smart dustbins are manufactured by one of the Chinese company and the petitioner firm is importer of the same. A promise was made by respondent No.4 to purchase 100 smart dustbins in three lots. In the first lot, purchase order for only 31 dustbins was given after which 21 dustbins were delivered and 10 were to be delivered. Prior to the transaction taking place, the petitioner had sent one sampl
Criminal proceedings cannot be initiated for disputes that are purely civil, especially where the essential ingredients of the alleged offences are not met.
The judgment established that not every breach of contract amounts to a criminal offence and emphasized the importance of the presence of deception and dishonesty at the inception of a transaction to....
The main legal point established in the judgment is the need for dishonest intention and fraudulent inducement in establishing the offences of cheating and criminal breach of trust. The judgment also....
Non-performance of contractual obligations does not constitute criminal cheating without evidence of fraudulent intent; disputes of civil nature should be resolved through civil remedies.
Criminal proceedings cannot be initiated for mere breach of contract; allegations must disclose a criminal offence to justify prosecution.
Dishonest or fraudulent intention must be present at the inception of a transaction to establish offences of cheating and criminal breach of trust; mere breach of contract does not constitute a crimi....
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