NDLI: M N G Bharateesh Reddy Vs. Ramesh Ranganathan and Another

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Penal Code 405 415 1860: ss. 120A 499 420 500 – In the instant case the first respondent was employed as a Consultant Neurosurgeon by BGS Apollo Hospital
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Penal Code, 1860: ss. 120A, 405, 415, 420, 499, 500 – In the instant case the first respondent was employed as a Consultant Neurosurgeon by BGS Apollo Hospital – Consultancy Agreement was entered into between the first respondent and the hospital containing his terms of engagement – One of the terms of the engagement was that either party may terminate the agreement, with or without cause, by giving a prior notice of thirty days – Differences arose between the first respondent and the management of the hospital – First respondent wrote a letter to the General Manager of the hospital alleging that patients referred to him were being diverted to other doctors of the hospital at the enquiry/ reception counter – The services of the first respondent were terminated on 30 May 2014 for inconsistent and unsatisfactory behavior in terms of the Consultancy Agreement – Aggrieved first respondent furnished a representation on 31 May 2014 to the Managing Director of hospital highlighting gross irregularities in the billing of patients and he also alleged that the General Manager had been threatening and maligning him – Thereafter first respondent filed a complaint before Judicial Magistrate – In his complaint, he alleged that the General Manager misused his authority and terminated his services with an oblique and ulterior motive of defaming him – Magistrate took cognizance under ss.120A, 405, 415, 420, 499, and 500 of IPC – Sessions Judge set aside the order of the Magistrate on the ground that the complaint did not disclose the ingredients of the offences of defamation or cheating and that the Magistrate was not competent to take cognizance of the offence punishable under s.420 of the IPC – High Court held that no case was made out against the General Manager under ss.499 and 500 of the IPC however, there were material on record which prima facie disclosed the offences u/ss.405 and 420 of the IPC – Hence instant appeal – Held: The grievance of the first respondent arose from the termination of his services at the hospital and the allegations indicated that there was an improper billing in respect of the surgical services which were rendered by the complainant at the hospital which at the most indicated a breach of terms of the Consultancy Agreement by the General Manager, which was essentially in the nature of a civil dispute – There was no allegation that the complainant was as a consequence induced to deliver any property or to consent that any person shall retain any property or that he was deceived to do or omit to do anything which he would have not done or omitted to do if he was not so deceived – None of the ingredients of the offence of criminal breach of trust were demonstrated on the allegations in the complaint as they stand – First respondent alleged that the General Manager caused breach of trust by issuing grossly irregular bills, which adversely affected his professional fees but an alleged breach of the contractual terms does not ipso facto constitute the offence of the criminal breach of trust without there being a clear case of entrustment – No element of entrustment was prima facie established based on the facts and circumstances of the instant matter. Penal Code, 1860: s.405 and s.415 – Essential ingredients – Discussed.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2022 INSC 847
Petitioner	M N G Bharateesh Reddy
Respondent	Ramesh Ranganathan And Another
SCR	[2022] 6 S.C.R. 1097
Judgement Date	2022-08-18
Case Number	1273

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M N G Bharateesh Reddy Vs. Ramesh Ranganathan and Another

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