⚖️ Shri Ganpati Jurists Legal Learning & Awareness ⚖️
Civil Dispute ≠ Criminal Offence: Supreme Court's Caution on Misuse of Law
The Supreme Court of India has strongly reiterated that criminal proceedings should not be used as a tool to pressure parties in civil disputes. Courts must carefully distinguish between civil breaches and actual criminal offences like cheating or criminal breach of trust.
Key Legal Takeaways:
1. Civil Remedy ≠ Criminal Shortcut
Filing criminal cases to recover dues from contracts or enforce civil rights is an abuse of process. Delay in civil remedy does not justify misuse of criminal law.
2. When Breach of Contract Becomes Cheating
To attract Section 420 IPC (Cheating), the following must be shown:
Deception from the beginning of the transaction
Fraudulent or dishonest inducement to part with property or take action
Resulting harm to the victim in body, mind, reputation or property
3. Intention Is Key
Allegations must establish that dishonest intention existed at the time of agreement. Simply failing to fulfill a promise or obligation later is not enough to file an FIR.
4. S. 482 CrPC – High Court’s Duty
High Courts have the inherent power to quash frivolous criminal complaints in contractual matters if ingredients of cheating or fraud are not made out.
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