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 |
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, 1973:ss. 190 and 482 - Exercise of power under - Dispute between parties arising out of a contract of carriage - Suit with regard to the said dispute pending before High Court - Criminal complaint filed alleging breach of trust - Magistrate issuing summons - Petition for quashing summons dismissed by High Court - HELD: Breach of contract simplicitor does not constitute an offence - Allegations in complaint petition must also disclose necessary ingredients of the offence - On facts, complaint petition does not disclose any averment with regard to ingredients of offences u/ss 406 and 420 IPC - Where during pendency of a civil suit, a criminal complaint is filed, court may, for ascertaining correctness of allegations, notice, besides the pleadings in the suit, correspondence exchanged between parties and other admitted documents - Criminal proceedings should not be encouraged when it is found to be malafide or otherwise an abuse of process of court - Superior Courts while exercising this power should strive to serve ends of justice - Impugned orders set aside - Penal Code, 1860 - ss. 406 and 420 - Administration of Criminal Justice.Respondent no. 1 entered into a contract of carriage with the appellant for delivery of certain consignments to a company, namely, 'UA', in Kenya. Appellant asked 'MN', its agent in Kenya, to arrange the delivery of the said consignments. The goods said to have been delivered by the agent or the appellant to the original consignee were allegedly rejected by the latter as being inferior in quality. The goods were then said to have been delivered to another company. Respondent no. 1 issued a notice to the appellant and others stating that they effected delivery of the consignments without production of original Bills of Lading and committed a breach of contract of carriage and acted in violation thereof. A suit was tiled by respondent no. 1 in this regard in the Bombay High Court. More than a year thereafter, respondent no. 1 filed a criminal complaint against the appellants alleging commission of offence of criminal breach of trust by them for effecting delivery of consignments in connivance and causing criminal misappropriation of valuable property of the complainant. The accused filed a petition for quashing the order issuing summons to them, which was dismissed by the High Court observing that the allegations made in the complaint, prima facie, disclosed the offence of breach of trust. Aggrieved, the accused filed the instant appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1063 |
Petitioner | All Cargo Movers (i) Pvt. Ltd. & Ors. |
Respondent | Dhanesh Badarmal Jain And Anr. |
SCR | [2007] 11 S.C.R. 271 |
Judgement Date | 2007-10-12 |
Case Number | 1443 |
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