
Invoking criminal law for recovery of money is abuse of law: Supreme Court
NEW DELHI: Invoking criminal law by filing an FIR for recovery of money by a person is an abuse of the process of law as it is a civil dispute, the Supreme Court said and expressed frustration over HCs allowing it in violation of its rulings.
The apex court stated this while quashing criminal proceedings initiated by a production house against Bollywood filmmaker Shailesh Kumar Singh, who had produced 'Tanu Weds Manu', over a monetary dispute.
'How many times HCs are to be reminded that to constitute an offence of cheating, there has to be something more than prima facie on record to indicate that the intention of the accused was to cheat the complainant right from the inception.
The plain reading of FIR does not disclose any element of criminality,' a bench of Justices J B Pardiwala and R Mahadevan said in an order on July 14.
Indicating that HCs have virtually turned a deaf ear to its recent orders holding that such cases come within the ambit of civil suits, the bench referred to its verdicts which had settled the issue. It said SC in Aug had stated that a mere breach of contract cannot give rise to a criminal prosecution for cheating unless fraudulent or dishonest intention is shown right from the beginning of the transaction.
by Taboola
by Taboola
Sponsored Links
Sponsored Links
Promoted Links
Promoted Links
You May Like
Hiranandani Fortune City: At Panvel, Mumbai: 2BHK: 1.05 Cr*
Hiranandani Fortune City
Enquire Now
Undo
'Every act of breach of trust may not result in a penal offence of criminal breach of trust unless there is evidence of a manipulating act of fraudulent misappropriation.
An act of breach of trust involves a civil wrong in respect of which the person may seek his remedy for damages in civil courts but, any breach of trust with a mens rea, gives rise to a criminal prosecution as well,' it had said.
Advocate Sana Raees Khan, appearing for producer Shailesh Kumar Singh, told the court that no criminal offence was made out against him and criminal prosecution should not be allowed to be used as an instrument of harassment.
Agreeing with her, the bench quashed the FIR and also expressed shock on how the Allahabad HC dealt with the case by directing him to pay Rs 25 lakh to the complainant. SC also directed them to go for mediation.
'We fail to understand why the HC should undertake such an exercise. The HC may either allow the petition saying that no offence is disclosed or may reject the petition saying that no case for quashing is made out. Why should the HC make an attempt to help the complainant to recover the amount due and payable by the accused.
It is for the civil court or commercial court, as the case may be, to look into in a suit that may be filed for recovery of money or in any other proceedings,' SC said.
'We are quite disturbed by the manner in which the HC has passed the impugned order. The HC first directed the appellant to pay Rs 25 lakh to the respondent, and thereafter, directed him to appear before the Mediation and Conciliation Centre for the purpose of settlement.
That's not what is expected of an HC to do in a writ petition filed under Article 226 of the Constitution or a miscellaneous application filed under Section 482 of the Code of Criminal Procedure for quashing of FIR or any other criminal proceedings,' SC said.
It said that 'what is expected of the HC is to look into the averments and the allegations levelled in the FIR along with the other material on record, if any. The HC seems to have forgotten the well-settled principles as enunciated in the decision of this court'.

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles


Time of India
33 minutes ago
- Time of India
Campaign against stunts on roads
Patna: In a 15-day special campaign against stunts on roads, Patna traffic police identified 40 people who recorded and shared such videos on social media platforms. Traffic SP, Aprajit Lohan, said 11 people were summoned along with their motorcycles. "These violators were penalised with fines totalling Rs 95,000. Among them, four were found to be repeat offenders of traffic rules," he said. The Gandhi Maidan traffic police station registered an FIR against these people. A recommendation was also sent to the DTO requesting cancellation of driving licences and vehicle registrations of these four offenders.


Time of India
35 minutes ago
- Time of India
Mumbai police seize mephedrone worth Rs 382cr after busting drug factory in Mysuru
Mumbai: Four men, including a mechanical engineer aged between 25 and 45, were arrested in a raid conducted by Mumbai's Saki Naka police team in coordination with Mysuru police on Saturday. The operation targeted a drug manufacturing facility on the outskirts of Mysuru city, resulting in the seizure of 188 kg of mephedrone (MD) drugs valued at Rs 382 crore, along with manufacturing machinery and chemicals. The Saki Naka police stated that the raid led to the suspension of an inspector of the Narasimharaja police station under whose limits the drugs were manufactured. The four men, whose names were withheld, were arrested and brought to Mumbai based on information received following the arrest of four people in April linked to the drug racket. According to sources, Mysuru city police ordered the suspension of inspector Lakshmikant Talwar of Narasimharaja police station pending a departmental inquiry. Meanwhile, Mysuru city crime branch inspector Shabbir Hussain was assigned additional charge of Narasimharaja police station. "The raid was carried out after the police team was placed in Mysuru for almost eight days before raiding the facility that was operated out of a garage in Unnathi Nagar in Mysuru," said a police officer from the Saki Naka police station. Police began investigating the racket after arresting Salim Shaikh alias Langda, 45, from Bandra, who, along with three others, was responsible for supplying the drugs brought from Mysuru. Drugs worth Rs 10.07 lakh were seized from Shaikh on April 24. Based on Shaikh's information, DCP (Zone X) Datta Nalawade supervised the operation, which included ACP Sampat Patil and Pradeep Mairale, senior inspector Pramod Tawde, inspector Sanjay Shirsagar, assistant inspector Dayanand Vanve, sub-inspector Pankaj Pardeshi, and other staff. The team nabbed the four individuals operating the facility from a garage facade. The four arrested included a school dropout, aged 45, who purchased the land to operate the garage front, with the facility operated from behind to avoid detection. Similarly, a mechanical engineer was involved in the making of the drugs, while two other graduates were assigned the role of supplying the drugs to Maharashtra. You Can Also Check: Mumbai AQI | Weather in Mumbai | Bank Holidays in Mumbai | Public Holidays in Mumbai Karnatka home minister G Parameshwara expressed concern to the media in the state regarding the Mumbai police raid in Mysuru in connection with the drug case. He stated, "I think Mumbai police has caught someone, either a smuggler or a user. They have traced it to Mysuru, and obviously, the person they have caught has given a statement that it has come from Mysuru, and they came looking for it, and they have found out that one person or maybe a few people, are doing this. I have given very strict instructions to the Mysuru Commissionerate. Also, in the entire state, every SP has now been sensitised, and every commissionerate has been given very strict instructions to ensure that such things do not happen..." Mysuru commissioner of police Seema Latkar told TOI that efforts have commenced to inspect lodges, garages, and other establishments to track and take action against those involved in manufacturing drugs in the city. Latkar declined to comment on the suspension order issued against the inspector of Narasimharaja Police Station, under whose jurisdiction the raid was conducted on Saturday, resulting in the seizure of a large quantity of mephedrone drugs.


Time of India
an hour ago
- Time of India
2 electrocuted, 46 hurt as loose power line causes chaos at Barabanki temple
Lucknow: Two devotees were electrocuted, and 46 others sustained minor electric shocks after an electric wire snapped and fell onto a tin shed inside the premises of the Shri Ausaneshwar Mahadev temple in Haidergarh tehsil of Barabanki district on Monday morning. The incident that occurred during the Jalabhishek rituals during the holy month of Shrawan when the temple was crowded with devotees led to a stampede-like situation. Chief Minister Yogi Adityanath expressed "deep sorrow" over the loss of lives and extended his condolences to the bereaved families. The state govt has announced an ex-gratia compensation of Rs 5 lakh each to the families of the deceased from the Chief Minister's Discretionary Fund. DGP Rajeev Krishna told reporters in Lucknow that the casualties were caused due to the electrocution because of a monkey. He said that senior officials, including the zonal and range-level officers, visited the spot. "Two people unfortunately died in the incident, which was caused due to electrocution and not because of any stampede. Almost all of the injured have been discharged from hospital after treatment. Some are under observation," he said. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like No annual fees for life UnionBank Credit Card Apply Now Undo The situation is under control, and devotees continue to offer prayers at the temple, he added. However, a controversy erupted after a video statement by Uttar Pradesh Scheduled Caste Commission chairperson Baijnath Rawat went viral. In the video, Rawat contradicted the official explanation, saying that eyewitnesses alleged a home guard had struck a baton near the corridor, causing the wire to snap and fall, leading to the electrocution. "This is a deeply unfortunate incident. The actual cause can only be confirmed through a thorough investigation," he said. Uttar Pradesh Deputy CM Brajesh Pathak has ordered a high-level investigation. A report has been sought from the DM within 24 hours. "Instructions have been given to investigate the causes of the incident and to take necessary steps to ensure such incidents do not recur in the future at our temples and shrines," he said. According to police, the incident occurred around 2:10 am when an electric current spread through the tin-shed corridor erected for the devotees performing Jalabhishek. According to the temple management committee manager Vinod Giri, the temple doors were opened around 1 am, and devotees began entering the temple through the corridor after bathing in the nearby Gomti river. The rituals continued smoothly for over an hour before the corridor turned into a scene of chaos when several devotees collapsed upon coming in contact with an electrified metal pipe near the tin shed. Ranjana Pandey (27), who travelled from Haidergarh with her husband, said, "People were trampling over one another. I screamed for help, but no one could hear me. This was not how we imagined our Sawan darshan." According to Gulshan (19) from Bhakosa village, "We came for Shiva's blessings, but were met with terror. There was no proper wiring, no officials inside. Everyone was focused on managing the crowd outside. What about those inside?" According to Barabanki DM Shashank Tripathi, the electric wire—part of the temple's internal wiring system—broke after monkeys jumped on it, causing it to fall directly onto a metal shed under which devotees had gathered. As a result, several people came in contact with live electricity. "Two persons died of electrocution on the spot. They were identified as Ramesh Kumar (28), son of Ram Sajeevan, a resident of Nakta Sarehiya Kothi, Haidergarh, and Prashant Kumar (17), son of Ram Kripal, a resident of Mubarakpur, Haidergarh. Their bodies were sent for postmortem, which confirmed electrocution as the cause of death. The bodies were later handed over to their families for final rites," said Tripathi. The district administrative officials said that all other devotees sustained minor electric shocks and were taken to the district hospital. All have since been discharged and returned home in stable condition. "The situation was brought under control swiftly, and the temple premises were secured. Law and order remain normal, and devotees continue to perform darshan and puja at the temple," said Barabanki superintendent of police Arpit Vijayvargiya.