Case Note & Summary
The petitioners, original accused nos. 1 to 3, filed a petition under Section 482 of the Criminal Procedure Code seeking quashing of the FIR and charge sheet registered against them. The respondent no.2 (complainant) alleged that on 02.12.2009, he paid Rs.40/- (four notes of Rs.10 each) at TATO restaurant, but the waiter returned a paper saying it was a Rs.5 note. The respondent no.2 lodged a complaint, but the investigating officer found no case. The respondent no.2 then approached the Superintendent of Police and filed an application under Section 156(3) CrPC before the Judicial Magistrate First Class, Panaji, who directed registration of FIR. The FIR was registered for offences under Sections 406, 420 IPC and Sections 138, 141 of the Negotiable Instruments Act, 1881. The petitioners argued that the dispute was purely civil in nature and there was no criminal intent. The court examined the facts and found that the allegations did not disclose any criminal offence. The court held that the proceedings were an abuse of the process of law and quashed the FIR and charge sheet.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Inherent Powers - Petition filed to quash FIR and charge sheet for offences under Sections 406, 420 IPC and Sections 138, 141 NI Act - Court held that the dispute is purely civil in nature and no criminal intent is made out - Quashed the proceedings to prevent abuse of process of law (Paras 1-10).
Issue of Consideration
Whether the FIR and charge sheet against the petitioners for offences under Sections 406, 420 IPC and Sections 138, 141 of the Negotiable Instruments Act, 1881 should be quashed as the dispute is civil in nature and there is no criminal intent.
Final Decision
The petition is allowed. The FIR and charge sheet are quashed and set aside.
Law Points
- Quashing of FIR
- Inherent powers under Section 482 CrPC
- Civil dispute not to be criminalized
- Lack of criminal intent
- Abuse of process of law
Case Details
2015 LawText (BOM) (08) 191
Criminal Writ Petition No. 60 of 2014
Mr. A. D. Bhobe for petitioners, Mr. D. Lawande for respondent nos. 1 and 3, Mr. C. A. Ferreira for respondent no.2
Smt. Sundarabai Govind Dhuri, Shri Pradip Govind Dhuri, Shri Sunil Govind Dhuri
The Investigation Officer, Shri Vijaykumar S. Chodankar, Mr. Kashinath Shetye, State
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Nature of Litigation
Criminal writ petition under Section 482 CrPC for quashing of FIR and charge sheet.
Remedy Sought
Petitioners sought quashing of FIR and charge sheet registered against them.
Filing Reason
Allegation of cheating and dishonour of cheque arising from a dispute over payment of Rs.40/- at a restaurant.
Previous Decisions
The investigating officer initially found no case; the Magistrate directed registration of FIR under Section 156(3) CrPC.
Issues
Whether the FIR and charge sheet should be quashed as the dispute is civil in nature and lacks criminal intent.
Submissions/Arguments
Petitioners argued that the dispute is purely civil and no criminal offence is made out.
Respondent no.2 contended that the FIR discloses criminal offences.
Ratio Decidendi
The court held that the dispute is purely civil in nature and no criminal intent is made out. Quashing the proceedings prevents abuse of process of law.
Judgment Excerpts
The present petition is filed by the petitioners/original accused nos. 1 to 3 under the provisions of Section 482 of the Criminal Procedure Code and prayed to quash and set aside the FIR and charge sheet submitted against them.
Procedural History
Complaint filed on 05.12.2009; investigating officer found no case; respondent no.2 approached Superintendent of Police; filed application under Section 156(3) CrPC; Magistrate directed registration of FIR; FIR registered; charge sheet filed; petitioners filed this petition under Section 482 CrPC.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): 482, 156(3)
- Indian Penal Code, 1860 (IPC): 406, 420
- Negotiable Instruments Act, 1881: 138, 141
