Pat HC | Instituting criminal case in matters of civil nature is clear abuse of process of Court

Patna High Court: The Bench of Ahsanuddin Amanullah, J. quashed a criminal complaint as its jurisdiction purely fell within the ambit of a Civil Court.

The petitioners have approached this Court under Section 482 of the Code of Criminal Procedure, 1973 to quash a complaint filed for cheating under Section 420 IPC.

The complainant has alleged that despite having received the money consideration for the supply of 390 bags of Masoor the same was not delivered to the complainant. The petitioners through their counsel Sandeep Kumar and Rohit Raj have submitted that the above dispute relates to a financial transaction arising out of a commercial agreement between the parties and subsequent institution of a criminal case was an abuse of the process of the Court when a remedy has been given under the common civil law.

The Court was of the view that this does not call for any interference as an offence under Section 420 IPC cannot be instituted when the case was purely of a civil nature. Also, failure of payment or non-performance falls under the competent jurisdiction of the civil Court. Thus the application stood allowed. [Raj Kumar Gupta v. State of Bihar, 2019 SCC OnLine Pat 10, decided on 03-01-2019]

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