Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 19 73: s.156(3) - Investigation in cognizable offence - Complaint before crime branch u/ss.405 406 PC 420 rlw s.34 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 19,73: s.156(3) - Investigation in cognizable offence - Complaint before crime C branch u/s s.405, 406, 420 r/w s.34, IPC alleging non-payment of dues by appellant-company - Cognizance of offence not taken by crime branch - Application u/s. 156(3) - Magistrate issued direction for investigation - Criminal proceedings initiated - High Court refused to interfere - On appeal, held: Three complaints containing similar a/legations were investigated previously and all were closed as the alleged claim was found to be of civil nature - In those circumstances, it did not lie for complainant to have approached the Magistrate again with the same subject complaint - Inasmuch as the dispute arose out of a contract and a constituted remedy was only before a civil court, the Magistrate ought to have appreciated that complainant was attempting to use the machinery of the criminal courts for exerting unjust, undue and unwarranted pressure on the appellants - Apart from the fact that the complaint lacked necessary ingredients of ss. 405, 406, 420 r/w - 34 IPC, no specific allegation was made against any person - Complaint was filed in 2002 when the alleged disputes pertained to the period from 1993-1995 - Courts below ought to have appreciated that complainant was trying to circumvent the jurisdiction of the civil courts which estopped him from proceeding on account of the law of /imitation - In view of the infirmities and in the light of s.482, High Court ought to have quashed those proceedings to safeguard the rights of the appellants - Complaint quashed - Penal Code, 1860 - ss. 405, 406, 420 r/w s. 34 - Contract - A Delay/laches. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2011 INSC 716 |
Petitioner | M/s Thermax Ltd. & Ors. |
Respondent | K.m. Johny & Ors. |
SCR | [2011] 14 S.C.R. 154 |
Judgement Date | 2011-09-27 |
Case Number | 1868 |
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