As per case facts, the complainant alleged that the petitioners, through misrepresentation about business expansion, induced him to transfer a substantial amount, which they later refused to return, leading to ...
CRM-M-32246-2023 (O&M) -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
CRM-M-32246-2023 (O&M)
Harvinder Kaur and others ...Petitioners
Versus
State of Punjab and another ...Respondents
Sr. No. Particulars Details
1 The date when the judgment is reserved 20.07.2026
2 The date when the judgment is pronounced 29.07.2026
3 The date when the judgment is uploaded on the website 29.07.2026
4
Whether only operative part of the judgment is pronounced or full
judgment is pronounced
Full
5
The delay, if any, of the pronouncement of full judgment, and
reasons thereof
Not
applicable
CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA
Present:- Mr. Anil Kashyap, Advocate
for the petitioners.
Ms. Ruchika Sabherwal, Senior DAG, Punjab.
Mr. Nirmaljeet Singh Sidhu, Advocate
for respondent No. 2.
MANISHA BATRA, J.
1. Prayer in the present petition, filed under Section 482 Cr.P.C.,
is for quashing of FIR No. 06 dated 25.06.2020, registered at Police Station
NRI, District Bathinda, under Sections 406, 420 and 120-B IPC, along with
all consequential proceedings arising therefrom.
2. As per the allegations in the FIR, the complainant, Pargat
Singh, a resident of Canada, got engaged to Gurmeet Kaur, daughter of
CRM-M-32246-2023 (O&M) -2-
Gurnam Singh, in May, 2015. At the time of the Roka ceremony, Gurmeet
Kaur, her parents Gurnam Singh and Tej Kaur had come to India from
Canada. Since petitioner Nos.2 and 3, namely Nirmal Singh Gill and Satvir
Kaur Gill, were residing in Canada, the complainant came in contact with
them through his prospective wife and her family after the engagement. It
was further alleged that after the engagement, petitioner No.1, Harvinder
Kaur, who is the complainant's sister-in-law, informed him that her brother
Nirmal Singh Gill (petitioner No.2) and his wife Satvir Kaur Gill (petitioner
No.3), who were carrying on business in Canada, required a sum of
₹20,00,000/- for expansion of their business. She represented that if the
complainant advanced the said amount, the same would be returned after
some time. Trusting the representation made by his prospective relatives, the
complainant agreed to lend the money. Petitioner No. 1 Harvinder Kaur
allegedly asked him to deposit the amount in the joint savings bank account
maintained by herself and her father Gurnam Singh with Oriental Bank of
Commerce, Moga, assuring him that the amount would thereafter be
remitted to Nirmal Singh and Satvir Kaur in Canada. Acting upon the
aforesaid assurance, the complainant transferred a sum of ₹20,00,000/- on
13.11.2015 from his HDFC Bank account, Bhakta Bhai Branch, to the joint
bank account of Harvinder Kaur and Gurnam Singh bearing Account No.
03912010004830. The complainant retained the receipt of the said
transaction. It is stated in the FIR that at the relevant time, his marriage had
not yet taken place and, therefore, he had no reason to doubt the assurances
extended by his prospective in-laws.
CRM-M-32246-2023 (O&M) -3-
3. As per the further allegations, thereafter the complainant's
Shagun ceremony was held on 24.02.2016 at Taj Hotel, Moga and his
marriage with Gurmeet Kaur was solemnized on 28.02.2016 at Majestic
Palace, Moga. After obtaining the necessary visa, the complainant left for
Canada on 05.03.2017 and started residing there along with his wife. After
reaching Canada, the complainant demanded repayment of the amount of
₹20,00,000/- from all the three petitioners. Initially, they kept postponing the
matter on one pretext or another. However, subsequently, they flatly refused
to return the amount and allegedly told the complainant that they had
cheated him on the pretext of business and that they would not repay any
money. They are also alleged to have told the complainant that he could take
whatever legal action he wished, as they had no intention of returning the
money. They also threatened the complainant with dire consequences and
warned him that if he persisted in demanding the money, they would get him
killed. On these allegations, the impugned FIR was registered and
investigation proceedings were initiated. Since petitioners No. 2 and 3 were
residing abroad, they could not be joined into investigation and after
completion of investigation, challan qua petitioner No. 1 only was presented
and charges against her have been framed. Aggrieved from registration of
the impugned FIR against them, the petitioners have filed the present
petition. Vide order dated 07.07.2023, passed by this Court, the further
proceedings before the learned trial Court were stayed.
4. It is argued by learned counsel for the petitioners that the
impugned FIR is a gross abuse of the process of law and deserves to be
CRM-M-32246-2023 (O&M) -4-
quashed as the dispute is purely civil in nature arising out of an alleged
monetary transaction. It is argued that the complainant has already instituted
a civil suit for recovery of the alleged amount and, therefore, resort to
criminal proceedings is nothing but an attempt to exert pressure upon the
petitioners for recovery of money. It is further submitted that the amount of
₹20 lakhs was never advanced as a business loan. Rather, it was deposited
by the complainant in the bank account of his prospective father-in-law,
Gurnam Singh, as security in connection with his proposed marriage with
Gurmeet Kaur. According to the petitioners, the entire amount stood settled
in the year 2017 itself, whereafter 10,000 Canadian Dollars and 5,000
Canadian Dollars were transferred to the complainant and his wife through
banking channels and the balance amount of ₹9 lakhs was paid in cash in the
presence of mediators. Affidavits of the mediators have also been placed on
record in support of the alleged settlement.
5. It is further argued that petitioner No.1 was merely a joint
account holder with her father and petitioner Nos.2 and 3 have been
permanent residents of Canada since 1997 and had no connection
whatsoever with the alleged transaction. It is submitted that the essential
ingredients of the offences under Sections 420, 406 and 120-B IPC are
completely absent. There was neither any dishonest intention at the inception
of the transaction nor any entrustment of property or criminal conspiracy
attributable to the petitioners. It is also contended that the FIR has been
lodged after an unexplained delay of more than four years from the alleged
transaction and only after the complainant initiated civil proceedings.
CRM-M-32246-2023 (O&M) -5-
Learned counsel submits that the complainant has deliberately converted a
civil dispute into a criminal prosecution with an oblique motive to harass the
petitioners and their aged family members. It is also argued that the alleged
occurrence took place at Moga, whereas the FIR has been registered at
Police Station NRI, Bathinda, thereby raising an issue regarding territorial
jurisdiction. Hence, it is urged that the petition deserves to be allowed and
the impugned FIR along with all the subsequent proceedings is liable to be
quashed. To buttress his arguments, learned counsel for the petitioners has
relied upon Usha Chakraborty and another v. State of West Bengal and
another, 2023 LiveLaw (SC) 67 and Delhi Race Club (1940) Ltd. and
others v. State of Uttar Pradesh and another, 2024 INSC 626.
6. Reply has been filed by the respondent No.1-State. Learned
State counsel has argued that the impugned FIR has been registered only
after a detailed inquiry conducted by the NRI Wing. During the inquiry,
statements of the concerned witnesses were recorded, the bank transactions
were verified and sufficient material was found to indicate that respondent
No.2 had transferred Rs.20 lakhs to the joint bank account of petitioner No.1
and her father on the assurance that the amount was required for expansion
of the business of petitioners No.2 and 3 in Canada. It is submitted that
although an amount of Rs.5 lakhs was subsequently returned, the remaining
amount was not repaid and the petitioners refused to honour their promise,
thereby disclosing a prima facie case of cheating and criminal breach of
trust. After completion of investigation, challan has already been presented
against petitioner No.1, charges have been framed and the trial is at the stage
CRM-M-32246-2023 (O&M) -6-
of prosecution evidence. It was further argued that petitioners No.2 and 3 did
not cooperate during the inquiry and investigation despite notices issued to
them and appropriate proceedings were initiated in accordance with law. The
plea that the dispute is purely of civil in nature is misconceived. The matter
involves disputed questions of facts which can be decided only during trial
and not in a petition filed under Section 482 of the Code. Hence, it is urged
that the petition is liable to be dismissed.
7. Reply on behalf of respondent No. 2 has also been filed.
Learned counsel for respondent No.2 has adopted the submissions advanced
on behalf of the State and has further argued that the petitioners have
deliberately attempted to portray a serious act of cheating as a simple civil
dispute. Respondent No.2 had parted with a substantial amount solely on the
representations made by the petitioners that the money was required for
business purposes and would be returned within a short time. However, after
receiving the amount, the petitioners failed to repay the same despite
repeated demands. It was submitted that the subsequent institution of a civil
suit for recovery cannot dilute or extinguish the criminal liability arising
from the fraudulent conduct alleged in the FIR. It is, thus, prayed that the
petition is devoid of any merit and deserves dismissal. Reliance has been
placed upon Sita Ram v. State of Haryana, CRM-M-9624-1993, decided on
19.01.1995 to contend that simply because civil litigation was pending, it
could not be said that universally, in the facts and circumstances of all cases,
criminal proceedings have to be stayed or kept in abeyance.
8. The rival submissions made by the parties have been heard and
CRM-M-32246-2023 (O&M) -7-
given due deliberations by this Court.
9. At the outset, it will be profitable to look into the scope and
ambit of the Court’s power under Section 482 Cr.P.C. (which is pari materia
with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023) as spelt out
in several judicial pronouncements of Hon’ble Supreme Court as well as
different High Courts. The well settled proposition of law is that in exercise
of inherent powers under Section 482 Cr.P.C., the High Court is not
expected to analyze all the facts, which are to be placed before the High
Court. The power conferred under this section is very specific. To secure the
ends of justice, to prevent the abuse of process of Court or to make any such
orders as may be necessary to give effect to any order under the Code, such
power can be exercised to prevent abuse of process of Court. The Hon’ble
Supreme Court has drawn up some guidelines in some categories of cases by
way of illustration to circumscribe the exercise of inherent power under
Section 482 of Cr.P.C. to prevent abuse of process of any Court or to
securethe ends of the justice or to give effect to an order of the Court. A
celebrated pronouncement on this point is the case cited as State of Haryana
Vs. Bhajan Lal : 1992 SUPP (1) SCC 335, wherein Hon’ble Supreme Court
has discussed different categories of cases wherein the power under Section
482 Cr.P.C. could be exercised either to prevent abuse of process of law or
otherwise to secure the ends of justice, while observing that it might not be
possible to lay down any precise, clearly defined, sufficiently channelized,
inflexible guidelines or rigid formulae and to give an exhaustive list or
myriad kind of cases where such powers should be exercised. The following
CRM-M-32246-2023 (O&M) -8-
principles have been culled out:-
“102 (1) Where the allegations made in the First
Information Report or the complaint, even if they are taken
at their face value and accepted in their entirety do not
prima facie constitute any offence or make out a case
against the accused;
(2) Where the allegations in the First Information Report
and other materials, if any, accompanying the FIR do not
disclose a cognizable offence, justifying an investigation by
police officers under Section 156(1) of the Code except
under an order of a Magistrate within the purview of Section
155(2) of the Code;
(3) Where the uncontroverted allegations made in the FIR or
complaint and the evidence collected in support of the same
do not disclose the commission of any offence and make out
a case against the accused;
(4) Where the allegations in the FIR do not constitute a
cognizable offence but constitute only a non-cognizable
offence, no investigation is permitted by a police officer
without an order of a Magistrate as contemplated under
Section 155 (2) of the Code;
(5) Where the allegations made in the FIR or complaint are
so absurd and inherently improbable on the basis of which
no prudent person can ever reach a just conclusion that there
is sufficient ground for proceeding against the accused;
(6) Where there is an express legal bar engrafted in any of
the provisions of the Code or the concerned Act (under
which a criminal proceeding is instituted) to the institution
and continuance of the proceedings and/or where there is a
specific provision in the Code or the concerned Act,
providing efficacious redress for the grievance of the
aggrieved party;
CRM-M-32246-2023 (O&M) -9-
(7) Where a criminal proceeding is manifestly attended with
mala fide and/or where the proceeding is maliciously
instituted with an ulterior motive for wreaking vengeance on
the accused and with a view to spite him due to private and
personal grudge.”
10. The principles of law as laid down by Hon’ble Supreme Court
in Bhajan Lal’s case (supra) have been followed in a catena of judgments.
In Paramjeet Batra vs. State of Uttarakhand, (2013) 11 SCC 673, it was
observed by Hon’ble Supreme Court that although the inherent powers of a
High Court under Section 482 of the Code should be exercised sparingly and
only for the purpose of preventing abuse of process of any Court or
otherwise to secure ends of justice, yet, the High Court must not hesitate in
quashing such criminal proceedings, where essential ingredients of the
offence are not made out. In Randheer Singh vs. State of Uttar Pradesh,
(2021) 14 SCC 626, it was observed by Hon’ble Supreme Court that
criminal proceedings cannot be taken recourse to as a weapon of harassment.
11. Reference can further be made to Gian Singh vs. State of
Punjab, (2012) 10 SCC 303, wherein Hon’ble Supreme Court observed that
the power of the High Court in quashing a criminal complaint or an FIR, in
exercise of its inherent jurisdiction, is distinct and different from the power
given to a criminal court for compounding the offences under
Section 320 of
the Code. Inherent power is of wide plentitude with no statutory limitation
but it has to be exercised in accordance with the guidelines engrafted in such
power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the
process of any Court. Reference can further be made to Narinder Singh and
CRM-M-32246-2023 (O&M) -10-
Ors. Vs. State of Punjab : (2014) 6 SCC 466, wherein it was by Hon’ble
Supreme Court that while exercising power under Section 482 of Cr.P.C.,
the High Court has to examine as to whether the possibility of conviction is
remote and bleak and continuation of criminal case would put him into great
oppression and prejudice and injustice would be caused to him by not
quashing criminal case.
12. In Dhruvaram Murlidhar Sonar vs. State of Maharashtra :
2019 (18) SCC 191, Hon’ble Supreme Court, while reiterating the
parameters as laid down in Bhajan Lal’s case (supra), had observed that for
quashing of the proceedings, meticulous analysis of factum of taking
cognizance of an offence by the Magistrate was not called for. Appreciation
of evidence was also not permissible in exercise of inherent powers. If the
allegations set out in the complaint did not constitute the offence of which
cognizance has been taken, it is open to the High Court to quash the same in
exercise of its inherent powers.
13. In Neeharika Infrastructure vs. State of Maharashtra : 2021
SCC OnLine SC 315, the Apex Court observed that the Courts ought to be
cautious in exercising powers under Section 482 of Cr.P.C. They do have
power to quash. The test is whether or not the allegations in the FIR disclose
the commission of a cognizable offence? The merits of the allegations are
not to be entered into nor the power of the investigating agency to
investigate into allegations involving the commission of a cognizable
offence is to be trenched upon.
14. On applying the above discussed position of law to the facts of
CRM-M-32246-2023 (O&M) -11-
the present case, this Court is of the considered opinion that the case in hand
does not fall within any of the well-recognized categories warranting
exercise of inherent jurisdiction under Section 482 Cr.P.C. for quashing of
the criminal proceedings. The allegations contained in the impugned FIR, if
taken at their face value, disclose that respondent No.2 was allegedly
induced by petitioner No.1 to part with an amount of Rs.20,00,000/- on the
representation that petitioner Nos.2 and 3 required the said amount for
expansion of their business in Canada and that the money, if deposited in the
joint bank account of petitioner No.1 and her father, would be transmitted to
them. Acting upon the said representation, the complainant transferred the
amount through banking channels. It is further alleged that after the
complainant reached Canada and demanded the return of the money, all the
three petitioners initially avoided repayment and subsequently refused to
return the amount while claiming that they had cheated him. During the
inquiry conducted by the NRI Wing, the investigating agency also verified
the bank transactions and found prima facie material supporting the
allegations, whereafter the impugned FIR came to be registered. These
allegations cannot, at this stage, be brushed aside as being so absurd or
inherently improbable that no offence is made out. Rather, they disclose a
prima facie case requiring investigation and adjudication by the trial Court.
15. The principal contention of the petitioners is that the dispute is
purely civil in nature and that the amount in question had been deposited as
security in connection with the proposed marriage and not as a business
loan. It has further been pleaded that the amount stood settled in the year
CRM-M-32246-2023 (O&M) -12-
2017 and that substantial payments were made to the complainant through
banking channels as well as in cash. However, these pleas constitute the
defence of the petitioners and are founded upon disputed questions of fact.
Whether the amount was advanced as a loan for business purposes or as
security for the marriage; whether the alleged settlement was in fact arrived
at; whether the amount was fully repaid; and whether the affidavits relied
upon by the petitioners truly establish discharge of liability are all matters
which require appreciation of oral as well as documentary evidence. Such
disputed issues cannot be conclusively adjudicated while exercising the
limited jurisdiction under Section 482 Cr.P.C., which is not intended to
conduct a mini trial or to evaluate the probative value of the defence sought
to be projected by the accused.
16. Equally untenable is the submission that the ingredients of
Sections 406 and 420 IPC are ex-facie absent. The FIR specifically alleges
that the complainant transferred the amount only because of the
representations allegedly made by petitioner No.1 that the money was
required for the business of petitioner Nos.2 and 3 and would be remitted to
them. It is further alleged that the amount was transferred into the joint
account of petitioner No.1 and her father for a specified purpose and that
despite repeated demands, the petitioners dishonestly refused to return the
same. Whether the transaction amounts to entrustment attracting Section 406
IPC, whether it was induced by dishonest representations attracting Section
420 IPC, or whether the evidence ultimately establishes one offence, both
offences or neither, are matters which necessarily depend upon the evidence
CRM-M-32246-2023 (O&M) -13-
to be led before the trial Court. At this stage, this Court cannot undertake a
meticulous examination of these contentious issues so as to record a
definitive finding regarding the applicability or otherwise of the penal
provisions invoked in the FIR. The reliance placed by learned counsel for
the petitioners upon the aforecited judgments also does not advance their
case. They are distinguishable on the facts. The present case stands on a
different footing. The prosecution case is not founded merely upon non-
payment of money or breach of a contractual obligation but upon specific
allegations that the complainant was induced to part with a substantial
amount on the basis of representations allegedly made by the petitioners
regarding the requirement of funds for business purposes and that the
amount was thereafter dishonestly withheld. Whether those allegations are
ultimately proved is a matter of evidence; however, at this stage they cannot
be discarded as giving rise to only a civil dispute. It is equally well settled
that the mere availability or pendency of a civil remedy does not by itself
extinguish criminal liability if the factual allegations disclose the
commission of a cognizable offence.
17. This Court also finds no merit in the contention that the
proceedings deserve to be quashed qua petitioner Nos.2 and 3 merely
because the amount was credited into the account of petitioner No.1 and her
father. The FIR specifically attributes a role to petitioner Nos.2 and 3 by
alleging that the amount was sought for expansion of their business in
Canada and that after the complainant reached Canada, all the three
petitioners jointly refused to return the money. The inquiry report further
CRM-M-32246-2023 (O&M) -14-
reveals that petitioner Nos.2 and 3, despite being contacted by the
investigating agency through electronic means while residing abroad, did not
furnish their version during the inquiry. Whether petitioner No.1 was acting
independently or on behalf of petitioner Nos.2 and 3, whether the amount
was actually transmitted to them, and whether there existed any common
intention or criminal conspiracy amongst the accused are questions which
cannot be conclusively answered without a full-fledged trial. The absence of
a detailed defence from petitioner Nos.2 and 3 during the inquiry cannot be
treated as proof of guilt, but it certainly cannot furnish a ground for this
Court to return findings in their favour while exercising jurisdiction under
Section 482 Cr.P.C. The argument regarding delay in lodging the FIR and
the plea relating to territorial jurisdiction are also matters which would
require examination in the light of the evidence and the factual matrix
brought on record during trial. Neither of these aspects, in the facts of the
present case, renders the prosecution inherently illegal or demonstrates that
continuation of the proceedings would amount to an abuse of the process of
law.
18. In view of the aforesaid discussion, this Court is satisfied that
the allegations contained in the FIR, read along with the material collected
during the preliminary inquiry, disclose a prima facie commission of
cognizable offences and raise several disputed questions of fact which
cannot be adjudicated in proceedings under Section 482 Cr.P.C. The
defences sought to be raised by the petitioners are matters to be established
before the learned trial Court by leading appropriate evidence. Interference
CRM-M-32246-2023 (O&M) -15-
by this Court at this stage would amount to entering into a premature
appreciation of the merits of the prosecution case, which is impermissible in
exercise of inherent jurisdiction. Accordingly, finding no merit in the present
petition, the same is dismissed. The interim order, if any, shall stand vacated.
19. It is, however, clarified that any observation made herein is only
for the purpose of deciding the present petition and shall not be construed as
an expression on the merits of the case pending before the learned trial
Court, which shall decide the matter independently on the basis of the
evidence adduced before it.
29.07.2026 (MANISHA BATRA)
WaseemWaseemWaseemWaseem R.R.R.R. AnsariAnsariAnsariAnsari JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
In a significant ruling concerning the scope of inherent powers under Section 482 of the Criminal Procedure Code (Cr.P.C.), the Hon'ble Punjab and Haryana High Court recently dismissed a petition seeking the Quashing of FIR under Section 482 CrPC related to allegations of Cheating and Criminal Breach of Trust India. This pivotal judgment, CRM-M-32246-2023 (O&M), by Justice Manisha Batra, underscores the Court's reluctance to intervene where a prima facie case of cognizable offenses is disclosed, emphasizing that disputed facts necessitate a full trial. This case analysis is now available on CaseOn, offering legal professionals and students crucial insights into the Court's application of statutory powers.
The case originated from an FIR (No. 06 dated 25.06.2020) registered at Police Station NRI, District Bathinda, under Sections 406, 420, and 120-B of the Indian Penal Code (IPC). The complainant, Pargat Singh (an NRI), alleged that after his engagement in May 2015, Petitioner No.1, Harvinder Kaur (his sister-in-law), represented that her brother, Nirmal Singh Gill (Petitioner No.2), and his wife, Satvir Kaur Gill (Petitioner No.3), required ₹20,00,000/- for their business expansion in Canada. Trusting these prospective relatives, the complainant transferred the amount into a joint savings bank account of Petitioner No.1 and her father, with the assurance that it would be remitted to the Canadian residents.
After the complainant moved to Canada in March 2017, he demanded the repayment. The petitioners allegedly initially postponed the matter but later flatly refused, claiming they had cheated him and would not repay, even threatening him. This led to the registration of the FIR. While Petitioners No.2 and 3, residing abroad, could not be joined in the investigation, a challan was presented against Petitioner No.1, and charges were framed.
The primary legal question before the High Court was whether the FIR and subsequent criminal proceedings should be quashed under Section 482 Cr.P.C., given the petitioners' contention that the dispute was purely civil, involved an alleged settlement, and lacked the essential ingredients of criminal offenses like cheating and criminal breach of trust.
The Court carefully considered the well-established principles governing the exercise of inherent powers under Section 482 Cr.P.C. (now Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023). Key precedents cited included:
These judgments collectively establish that the High Court's power under Section 482 Cr.P.C. is not for conducting a mini-trial but for quashing proceedings only when a clear abuse of process or an absolute lack of a cognizable offense is evident. For legal professionals looking to quickly grasp the essence of these critical rulings, CaseOn.in offers concise 2-minute audio briefs, enabling efficient analysis of such specific judgments and their implications.
The petitioners argued that the dispute was civil, related to marriage security, and had been settled with partial repayment. They also claimed Petitioners No.2 and 3 had no connection to the transaction, and there was a delay in lodging the FIR, raising questions of territorial jurisdiction and absence of criminal intent.
However, the State and the complainant countered that a detailed inquiry by the NRI Wing had verified bank transactions and witness statements, confirming that ₹20 lakhs was transferred based on representations for business expansion. They alleged that ₹5 lakhs was returned, but the remaining amount was not, constituting prima facie cheating and criminal breach of trust. They also highlighted the non-cooperation of Petitioners No.2 and 3 during the inquiry.
The High Court found that the allegations, supported by the inquiry, clearly disclosed a prima facie commission of cognizable offenses. The petitioners' arguments—such as the nature of the transaction (business loan vs. marriage security), the alleged settlement, and partial repayments—were deemed matters of defense involving disputed facts that require appreciation of oral and documentary evidence during a trial. The Court explicitly stated that it could not conduct a 'mini-trial' or evaluate the probative value of the defense at this stage.
Regarding the essential ingredients of Sections 406 and 420 IPC, the Court observed that the FIR specifically alleged fraudulent inducement (dishonest representations) and subsequent dishonest withholding of the money, which are core elements of these offenses. The Court further noted that attributing a role to Petitioners No.2 and 3, coupled with their non-cooperation in the inquiry, reinforced the need for a full trial to ascertain common intention or criminal conspiracy. Issues like delay in FIR and territorial jurisdiction were also deemed matters for examination during the trial, not grounds for premature quashing.
Ultimately, the High Court concluded that the case did not fall into any category warranting the exercise of inherent jurisdiction under Section 482 Cr.P.C. It found that the allegations, when taken at face value along with the material collected during the preliminary inquiry, disclosed a prima facie commission of cognizable offenses and raised numerous disputed questions of fact that could only be adjudicated during a trial. Consequently, the petition was dismissed, and any interim orders were vacated. The Court clarified that its observations were solely for the purpose of deciding the present petition and should not influence the trial court's independent decision on the merits of the case based on adduced evidence.
This judgment serves as a critical reminder of the limited scope of Section 482 Cr.P.C. It reinforces the principle that courts will not intervene to quash an FIR when a prima facie case of cognizable offenses is made out, even if parallel civil proceedings exist or if the accused presents a plausible defense. For lawyers, it highlights the importance of distinguishing between civil disputes and criminal acts, especially when allegations involve elements of fraud and criminal breach of trust. For law students, it provides a practical illustration of the application of the 'Bhajan Lal guidelines' and the Court's approach to allegations involving complex factual matrices, emphasizing that disputed facts are the domain of the trial court.
All information provided in this article is for informational purposes only and does not constitute legal advice. Readers should consult with a qualified legal professional for advice on specific legal issues.
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