ALL CARGO MOVERS (I) PVT. LTD. & ORS. versus DHANESH BADARMAL JAIN AND ANR.

ALL CARGO MOVERS (I) PVT. LTD. & ORS. versus DHANESH BADARMAL JAIN AND ANR.

Allegations in complaint, even if taken at face value, do not disclose ingredients of Sections 406 and 420 IPC; criminal proceedings in circumstances where civil suit is pending and no criminality is disclosed are not maintainable; High Court should have quashed the summons.

Parties
Appellant: All Cargo Movers (India) Pvt. Ltd.; Respondent No. 1: Dhanesh Badarmal Jain; Respondent No. 2: Respondent No. 2
Jurisdiction
India
Judgment Date
12 October 2007
Procedural Posture
Criminal Appeal / Appeal Against Order of High Court Refusing to Quash Criminal Proceedings
Outcome
Appeal allowed
Legal Topics
Quashing of Proceedings, Criminal Breach of Trust, Cheating, Abuse of Process, Civil Vs Criminal Remedy
Criminal Law Contract Law Procedure Quashing of Proceedings Criminal Breach of Trust Cheating Abuse of Process Civil Vs Criminal Remedy

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Parties

All Cargo Movers (India) Pvt. Ltd.

Appellant

Dhanesh Badarmal Jain

Respondent No. 1

Respondent No. 2

Respondent No. 2

Procedural Posture

Criminal Appeal / Appeal Against Order of High Court Refusing to Quash Criminal Proceedings

Legal Issues

  1. 1 Whether a breach of contract simplicitor constitutes an offence under IPC
  2. 2 Whether criminal proceedings are maintainable when civil suit is pending for same dispute
  3. 3 Whether averments in complaint disclose ingredients of Sections 406, 420 IPC

Ratio Decidendi

Allegations in complaint, even if taken at face value, do not disclose ingredients of Sections 406 and 420 IPC; criminal proceedings in circumstances where civil suit is pending and no criminality is disclosed are not maintainable; High Court should have quashed the summons.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment set aside
  • Order taking cognizance against appellant set aside