28/10/2021
MITESH KUMAR J. SHA VS STATE OF KARNATAKA
SUPREME COURT OF INDIA
S. ABDUL NAZEER, KRISHNA MURARI, JJ.
Mitesh Kumar J. Sha – Appellant
Versus
The State of Karnataka and Others – Respondents
Criminal Appeal No. 1285 of 2021, S.L.P (Crl.) No. 9871 of 2019
Decided On : 26-10-2021
Indian Penal Code, 1860 – Sections 406, 419, 420 read with Section 34 – Criminal Procedure Code, 1973 – Section 482 – Criminal breach of trust and cheating – Common intention – Dispute emanating from sale transaction of flats – By no stretch can it be concluded that Appellants herein have deceptively or intentionally tried to sell excess flats – It was Respondent No. 2 who had withdrawn his prayer with respect to selling of four excess flats by Appellants, only to pursue the same in civil proceedings – Although, a singular factual premise can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 instant case, the actual question which requires consideration is not whether a criminal case could be pursued in presence of a civil suit, but whether relevant ingredients for a criminal case are even prima facie made out – No cogent case regarding criminal breach of trust or cheating is made out – Dispute between parties, could at best be termed as one involving mere breach of contract – Existence of dishonest or fraudulent intention has not been made out against Appellants – There has been attempt to stretch contours of a civil dispute and thereby essentially impart a criminal colour to it – High Court has erred in dismissing petition filed by the Appellants under section 482 Cr.P.C. – Apex Court has at innumerable instances expressed its disapproval for imparting criminal colour 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 abuse of process of law which must be discouraged in its entirety – Impugned order passed by High Court set aside – FIR quashed. (Paras 35, 37, 38, 41, 45, 47 and 48)
Facts of the case:
Present appeal is directed against the judgment and order dated 13.08.2019 passed by the High Court of Karnataka at Bengaluru in Criminal Petition No. 2691 of 2016, filed by the Appellants under Section 482 of the Code of Criminal Procedure challenging the FIR No. 185/2016 dated 29.03.2016 implicating the appellants for offences under Section 420 read with Section 34 IPC and to quash the proceedings in C.C. No. 20609 of 2017 on the file of VI Additional CMM, Bengaluru, initiated pursuant to charge sheet dated 29.03.2017 against the appellants for offences punishable under Sections 406, 419, 420 read with Section 34 of IPC. The High Court vide order impugned herein dismissed the same.
Findings of Court:
Case therefore warrants intervention by this Court, and the High Court has erred in dismissing the petition filed by the Appellants under section 482 Cr.P.C. We find that there has been attempt to stretch the contours of a civil dispute and thereby essentially impart a criminal color to it.
Result : Appeal allowed.
