Case Note & Summary
The petitioner, a partnership firm engaged in real estate, filed a criminal complaint under Section 156(3) of the Code of Criminal Procedure, 1973 (CrPC) against the respondents, who are the cousin brother and aunt of the firm's partner. The complaint alleged that the respondents had committed offences of cheating, criminal breach of trust, and other related offences in connection with an agreement for sale of agricultural land dated 06.09.2004. The petitioner claimed that the entire consideration of Rs. 16,00,000 had been paid and a power of attorney was executed on 27.01.2005. However, the respondents revoked the power of attorney and executed a gift deed in favour of respondent no. 1. The Judicial Magistrate First Class, Nagpur, dismissed the complaint vide order dated 20.07.2023 in Criminal Misc. Application No. 1600/2023, holding that the dispute was civil in nature. The petitioner challenged this order before the Additional Sessions Judge, Nagpur, in Criminal Revision No. 226/2023, which was also dismissed on 14.08.2024. Aggrieved, the petitioner filed the present writ petition under Articles 226 and 227 of the Constitution of India. The High Court, after hearing the parties, observed that the agreement for sale was not registered and the power of attorney had been revoked. The court noted that the petitioner had already filed a civil suit for specific performance, which was pending. The court held that the complaint did not disclose any cognizable offence and was an abuse of the process of law. Consequently, the High Court dismissed the writ petition, upholding the orders of the lower courts.
Headnote
A) Criminal Procedure Code - Section 156(3) CrPC - Complaint for Police Investigation - Dismissal of Complaint - The petitioner sought police investigation alleging criminal breach of trust and cheating in relation to an agreement for sale of agricultural land. The Magistrate dismissed the complaint holding that the dispute was civil in nature. The High Court upheld the dismissal, noting that the agreement was not registered and the power of attorney had been revoked, and no criminal intent was made out. (Paras 2-6) B) Criminal Procedure Code - Section 482 CrPC - Inherent Powers - Quashing of Proceedings - The High Court observed that the complaint was an abuse of process of law as the dispute was purely civil and the criminal proceedings were initiated to pressurize the respondents. (Para 6)
Issue of Consideration
Whether the dismissal of a complaint under Section 156(3) CrPC by the Magistrate and the revisional court was justified when the dispute essentially pertains to a civil transaction.
Final Decision
The High Court dismissed the writ petition, upholding the orders of the Magistrate and the Sessions Judge.
Law Points
- Section 156(3) CrPC
- cognizable offence
- civil dispute
- abuse of process
- inherent powers
