SACHIN GARG versus STATE OF U.P & ANR.

SACHIN GARG versus STATE OF U.P & ANR.

The dispute was commercial concerning variation of contractual rates and neither the complaint nor the supporting initial depositions disclosed the essential ingredients of offences under Sections 405/406 IPC or particulars of criminal intimidation under Sections 504/506 IPC; the Magistrate failed to apply his mind in issuing summons and the High Court erred in not exercising its Section 482 CrPC jurisdiction to prevent abuse of the criminal process; accordingly the summons dated 18.08.2021 and Criminal Complaint Case No.7990 of 2020 were quashed.

Parties
Appellant: Sachin Garg; Respondent: State of U.P.; Complainant / Respondent No.2: Ambika Gases (proprietary concern of Saurabh Sharma)
Jurisdiction
India
Judgment Date
30 January 2024
Procedural Posture
Criminal Appeal / Appeal Against High Court Order Dismissing Application Under Section 482 Cr PC to Quash Summons and Complaint
Outcome
Appeal allowed
Legal Topics
Quashing of Summons, Section 482 Cr PC, Summons Issuance by Magistrate, Commercial Dispute Given Criminal Colour, Sections 405/406/504/506 IPC, Duty of Magistrate
Criminal Procedure Criminal Law Commercial Law Quashing of Summons Section 482 Cr PC Summons Issuance by Magistrate Commercial Dispute Given Criminal Colour Sections 405/406/504/506 IPC +1 more

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Parties

Sachin Garg

Appellant

State of U.P.

Respondent

Ambika Gases (proprietary concern of Saurabh Sharma)

Complainant / Respondent No.2

Procedural Posture

Criminal Appeal / Appeal Against High Court Order Dismissing Application Under Section 482 Cr PC to Quash Summons and Complaint

Legal Issues

  1. 1 Whether a commercial dispute over variation of contractual rates can constitute offences under Sections 405/406 IPC and attract criminal proceedings
  2. 2 Whether the Magistrate was justified in issuing summons under Sections 406, 504 and 506 IPC on the material before him
  3. 3 Whether the High Court erred in refusing to quash the summons and complaint under Section 482 CrPC

Ratio Decidendi

The dispute was commercial concerning variation of contractual rates and neither the complaint nor the supporting initial depositions disclosed the essential ingredients of offences under Sections 405/406 IPC or particulars of criminal intimidation under Sections 504/506 IPC; the Magistrate failed to apply his mind in issuing summons and the High Court erred in not exercising its Section 482 CrPC jurisdiction to prevent abuse of the criminal process; accordingly the summons dated 18.08.2021 and Criminal Complaint Case No.7990 of 2020 were quashed.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment of the High Court dated 23.03.2023 set aside
  • Criminal Complaint Case No.7990 of 2020 quashed