Excelsior Correspondent
JAMMU, Feb 13: While quashing the complaint and criminal proceedings against a petitioner, the Jammu & Kashmir and Ladakh High Court observed that mere breach of contract cannot give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown at the beginning of the transaction i.e. at the time when the offence is alleged to have been committed.
These observations were made by Justice Sanjay Dhar after hearing Advocate Inderjeet Gupta with Adv Yatin Mahajan for the petitioner Manoj Kumar Kapoor and Adv Dhiraj Choudhary for the respondent
Justice Sanjay Dhar further observed that as per the facts of the instant case, it has been admitted by the complainant/respondent that at the time of execution of sale deed, the petitioner/ accused had paid an amount of Rs 45,000 to him but the balance amount was not paid. “This means that at the time of execution of the sale deed, the petitioner intended to honour the commitment. Therefore, it cannot be said that his intention at the time of entering into an agreement with the complainant was either fraudulent or deceitful,” he said.
Even otherwise, Justice Dhar added, as per complainant’s own case, the covenants of the sale deed provided for sale consideration of Rs 45,000 which has been received by him. “According to the complainant, it was verbally agreed by the parties that the petitioner would pay sale consideration @Rs 25,000/- per Marla. This verbal promise made by the petitioner can be proved only by filing the civil proceedings and the complainant as per his own admission has already filed a civil suit against the petitioner in this regard,” observed Justice Dhar and added that the dispute pending between the parties is, therefore, purely of civil nature and criminal colour to it is sought to be given by the complainant by filing the impugned complaint against the petitioner.
High Court while referring the judgment of Supreme Court in the case Mitesh Kumar J Sha vs The State of Karnataka and others, expressed its disapproval for imparting criminal colour to a civil dispute merely to take advantage of a relatively quick relief granted in a criminal case in contrast to a civil dispute. The court further went on to observe that such an exercise is nothing but an abuse of the process of law which must be discouraged in its entirety.
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