Connect with us

National

Mere breach of contract would not attract criminal prosecution, says SC

Published

on

New Delhi, March 13 (IANS) Quashing an FIR arising out of a dispute related to payment of money, the Supreme Court has reiterated that a mere breach of contract by one of the parties would not attract criminal prosecution in every case.

A Bench of Justices Sudhanshu Dhulia and Prasanna B. Varale was dealing with a criminal appeal filed by two officials of a bicycle manufacturing company against whom an FIR was filed in 2017 under Sections 406 (criminal breach of trust), 420 (cheating) and 506 (criminal intimidation) of the IPC, at Bengaluru Rural’s Doddaballapura Police Station.

The complainant – who handled a contract for the assembly of bicycles, their transport and delivery – alleged that he was paid only Rs.35,37,390 against an invoice of over Rs. 1 crore.

The accused-appellants contended that the FIR primarily involves a civil dispute and the entire criminal proceedings initiated against them were nothing but an abuse of the process.

In its verdict, the apex court said that the dispute as to how many bicycles the complainant had assembled and the amount liable to be paid is a “civil dispute”.

ALSO READ:  INLD's Haryana unit chief Rathee shot dead in Jhajjar

The complainant has not been able to establish that the appellants’ intention to cheat him was there right from the beginning, it added.

“We are of the considered view that this is a case where the inherent powers should have been exercised by the High Court under Section 482 of the Criminal Procedure Code as the powers are there to stop the abuse of the process and to secure the ends of justice,” said the Supreme Court.

Earlier in 2020, the Karnataka High Court had dismissed the petition under Section 482 of the Criminal Procedure Code for quashing the FIR.

Refusing to accept the contention that the dispute between the parties in any case was civil in nature, the High Court had held that prima facie a case of cheating was made out against the appellants.

In its 2015 ruling in Vesa Holdings (P) Ltd. vs State of Kerala case, the apex court had held that every breach of contract would not give rise to the offence of cheating, and it is required to be shown that the accused had fraudulent or dishonest intention at the time of making the promise.

ALSO READ:  Delhi L-G sanctions CBI probe against Satyendar Jain on Sukesh Chandrashekhar's extortion complaint

–IANS

pds/rad

Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

National

Wanted 'lady don' arrested by Delhi Police

Published

on

By

New Delhi, May 28 (IANS) A 22-year-old alleged ‘lady don’, also a member of Deepak Agrola and Karamveer Kaala gang, was arrested from Fatehpur area in the national capital, said a Delhi Police’s Special Cell official on Tuesday.

The accused was identified as Kaili Tanwar, a resident of Ghaziabad district in Uttar Pradesh and was also carrying a reward of Rs 25,000 on her head.

According to police, specific input was received regarding one Kaili Tanwar, who was wanted in a murder case in Loni police station and living in the area of village Mandi, was going to be near the bus stand in Fatehpur, Delhi.

“On the basis of the above said information she was apprehended from the Fatehpur area on Monday,” said Deputy Commissioner of Police (Special Cell) Amit Kaushik.

During interrogation, she disclosed her involvement in the murder case and subsequently was arrested in Kalandra under section 41.1 (ba) Cr.P.C. and produced before the court.

ALSO READ:  INLD's Haryana unit chief Rathee shot dead in Jhajjar

The officer said that an old rivalry between two groups in Loni led to the murder.

“The accused of this murder belongs to Deepak Agrola and Karamveer Kaala gang. UP Police had declared a reward of 25,000/- on the arrest of Kaili,” said the officer.

“Earlier on May 3, Md. Faijan a.k.a Nanhe, who was also wanted in the same case was also arrested by the team of Special Cell after a brief exchange of fire,” the DCP added.

–IANS

ssh/dpb

Continue Reading

National

Six youths hurt in Mumbai's Dharavi slum fire

Published

on

By

Mumbai, May 28 (IANS) At least six persons were hurt in a major fire that broke out in a slum tenement in Mumbai’s Dharavi on Tuesday, Brihanmumbai Municipal Corporation (BMC) Disaster Control officials said.

The fire was noticed around 3.50 a.m. when the occupants of the structure in Ashok Mills Compound were fast asleep.

The fire was confined to the electrical writing and fittings, garment stocks, some machinery and office records in the ground-plus-3 and ground-plus-4 storied commercial structures.

A Mumbai Fire Brigade team rushed to the spot in minutes and after a four-hour-long battle, managed to douse the flames.

The injured victims were rushed to the BMC’s Sion Hospital nearby.

They are Salman Khan, 26, Manoj, 25 – both with 8-10 percent burns, Amjad, 22 and

Sallauddin, 28, and Saidul Rehman, 26, all with 35-50 percent burns.

One victim Rafiq Ahmed, 26, who suffered some hand injuries, was treated and discharged, and the cause of the conflagration is being probed.

ALSO READ:  Maharashtra readies roadmap to become $1 trillion economy

–IANS

qn/svn

Continue Reading

National

Bomb threat for IndiGo flight at Delhi airport turns out to be hoax (Ld)

Published

on

By

New Delhi, May 28 (IANS) An IndiGo flight bound for Varanasi in Uttar Pradesh received a bomb threat at Delhi airport on Tuesday morning, which later turned out to be a hoax, police said.

Deputy Commissioner of Police (IGI Airport) Usha Rangnani said that at around 5 a.m., information was received regarding a paper found in the lavatory of an Indigo flight scheduled to depart for Varanasi, with the word ‘bomb@5.30’ written on it.”

“Following the standard security protocols, a thorough inspection was conducted, and no suspicious items were found,” said the DCP.

According to airline officials, IndiGo flight 6E2211 operating from Delhi to Varanasi with 176 passengers onboard, had received a specific bomb threat at the airport.

The threat call was received at around 5.40 a.m., said officials.

“All necessary protocols were followed and the aircraft was taken to a remote bay as per guidelines by airport security agencies.

All passengers were safely evacuated via the emergency exits,” said an airline official.

ALSO READ:  Properties of 4 terrorist handlers attached in J&K's Handwara

In a similar incident on May 16, a tissue paper, with the word “bomb” written on it, was found in the Air India flight AI819 lavatory at Delhi airport, prompting security agencies to conduct an inspection, but it turned out to be a hoax.

–IANS

ssh/dpb

Continue Reading

National

Two injured as DTC buses crash in southwest Delhi

Published

on

By

New Delhi, May 28 (IANS) Two people sustained injuries after a Delhi Transport Corporation (DTC) bus hit another stationary bus in southwest Delhi’s Nauroji Nagar on Tuesday morning, police said.

Sharing the details, police said that information was received on Tuesday morning at Safdarjung Enclave police station regarding an accident at Nauroji Nagar bus stand on Outer Ring Road between two DTC buses.

Upon reaching the spot, it was revealed that a DTC electric bus driven by Akash was picking up passengers from the Nauroji Nagar bus stand when another DTC bus driven by Chandveer hit it from the rear side.

“Two persons namely Mukesh Kumar and Shamshula, both residents of Durga Park, West Sagarpur, received minor injuries and are undergoing treatment at AIIMS Trauma Centre,” said Deputy Commissioner of Police (Southwest) Rohit Meena.

“Legal action is being taken in the matter,” the DCP added.

–IANS

ssh/uk

ALSO READ:  INLD's Haryana unit chief Rathee shot dead in Jhajjar
Continue Reading

National

No feasibility study needed for solar rooftop connections up to 10 kW in TN

Published

on

By

Chennai, May 28 (IANS) The Tamil Nadu Electricity Regulatory Commission (TNERC) has directed the state power utility TANGEDCO not to conduct a technical feasibility study for solar rooftop proposals of up to 10 kilowatts.

The regulatory commission in the state in an order dated May 23, has directed the Tamil Nadu Generation and Distribution Corporation (TANGEDCO) to exempt consumers using solar rooftops of up to 10 kilowatt power based on Rule 7(A) of Electricity (Rights of Consumers) Amendment Rules, 2004.

The TNERC came out with the directive after TANGEDCO ordered an exemption on solar rooftops with a capacity of up to only 3 kilowatts.

The directive was required after several households complained that there was a delay in installing rooftop solar systems in households by the TANGEDCO.

The regulatory commission also directed TANGEDCO that the sanction power of the Grid Interactive Solar Photovoltaic Power System capacity of up to 10 kW should be delegated to the lower-level field officers.

ALSO READ:  INLD's Haryana unit chief Rathee shot dead in Jhajjar

While TANGEDCO has to conduct the study and produce the feasibility report for a solar rooftop project in households within a fortnight, consumers told IANS that there has been an inordinate delay.

Meenakshi Sundaram, a retired College professor, who wanted to install a solar rooftop connection of 8 kW, told IANS that there has been a long delay from Tangedco and several consumers like her were dejected.

–IANS

aal/dpb

Continue Reading

Trending