Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973: s.482 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973: s.482 – Complaint by respondent no.2 against appellant alleging that the appellant-builder company had sold four excess flats beyond its share, in terms of the agreements entered into between them – Appellant filed s.482 application before High Court which was dismissed – Hence instant appeal – Held: The facts did not show that appellants deceptively or intentionally tried to sell excess flats as contended by respondent No. 2 – Although, there is no doubt that a singular factual premise can give rise to a dispute which is both, of a civil as well as criminal nature, each of which could be pursued regardless of the other – In the instant case, the actual question which required consideration was not whether a criminal case could be pursued in the presence of a civil suit, but whether the relevant ingredients for a criminal case were even prima facie made out – Based on the facts, clearly no cogent case regarding a criminal breach of trust or cheating was made out – Dispute could at best be termed as one involving breach of contract – Mere breach of contract cannot give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction, that is the time when the offence is said to have been committed – Therefore, it is the intention which is the gist of the offence – Applying this dictum to the instant factual matrix, the key ingredient of having a dishonest or fraudulent intent under ss.405, 419 and 420 was not made out – Criminal proceedings initiated against appellant quashed – Penal Code, 1860 – ss.405, 419 and 420. Abuse of the process of law: Imparting criminal color to a civil dispute, made merely to take advantage of a relatively quick relief granted in a criminal case in contrast to a civil dispute – Such an exercise is nothing but an abuse of the process of law which must be discouraged in its entirety – Code of Criminal Procedure, 1973 – s.482. |
Judge | Hon'ble Mr. Justice Krishna Murari |
Neutral Citation | 2021 INSC 675 |
Petitioner | Mitesh Kumar J. Sha |
Respondent | The State Of Karnataka & Ors. |
SCR | [2021] 8 S.C.R. 875 |
Judgement Date | 2021-10-26 |
Case Number | 1285 |
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