Case Note & Summary
The petitioner, Jaideep Pradeep Zaveri, filed a Criminal Writ Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 86 of 2017 registered with Koregaon Park Police Station, Pune, under Sections 418 and 420 of the Indian Penal Code, 1860. The FIR was lodged at the instance of the second respondent, Rishi Suresh Mehra, who was the Power of Attorney holder of the National Bank of Rasal-Khaimah (P.S.C.), Dubai, UAE. The complainant alleged that in January 2012, the petitioner approached the bank in Dubai and represented that he was an Indian citizen, and upon being induced, the bank issued him a credit card and extended a loan facility against Personal Loan Account No. 20266255. The petitioner later absconded from UAE to India without repaying the loan. The bank traced him through his passport and filed a complaint. The Judicial Magistrate First Class, Court No. 3, Pune, passed an order under Section 156(3) CrPC on 12th April 2017 directing the police to register an FIR. The petitioner contended that the entire cause of action arose in Dubai, UAE, and no part of the offence occurred within the territorial jurisdiction of Indian courts. The court examined the FIR and found that the alleged misrepresentation, inducement, and parting of money all took place in Dubai. The petitioner's subsequent presence in India did not confer jurisdiction. The court held that the FIR was an abuse of process of law and quashed it, allowing the petition.
Headnote
A) Criminal Procedure Code - Territorial Jurisdiction - Quashing of FIR - Sections 156(3), 482 CrPC - FIR registered under Sections 418 and 420 IPC for alleged cheating in obtaining credit card loan in Dubai - Held that since the entire cause of action arose outside India, Indian courts have no jurisdiction to investigate or try the offence - FIR quashed (Paras 1-9).
Issue of Consideration
Whether the FIR registered in India for an alleged offence of cheating committed in Dubai, UAE, can be sustained when the entire cause of action arose outside the territorial jurisdiction of Indian courts.
Final Decision
The petition is allowed. FIR No. 86 of 2017 registered with Koregaon Park Police Station, Pune, under Sections 418 and 420 IPC is quashed.
Law Points
- Territorial jurisdiction
- Section 156(3) CrPC
- Quashing of FIR
- Cheating
- Credit card fraud
- Extra-territorial offence
Case Details
2018 LawText (BOM) (01) 85
Criminal Writ Petition No. 4727 of 2017
R.M. Savant, Sandeep K. Shinde
Mr. Vivek Kantawala a/w. Mr. Amey Patil i/by. M/s. Vivek Kantawala & Co. for petitioner; Mrs. A.S. Pai, Addl. P.P. for State; Mr. Shankar Katkar for respondent no.2
The State of Maharashtra and Rishi Suresh Mehra
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Nature of Litigation
Criminal writ petition for quashing of FIR
Remedy Sought
Quashing of FIR No. 86 of 2017 registered under Sections 418 and 420 IPC
Filing Reason
Petitioner alleged that the FIR was based on a transaction that occurred entirely in Dubai, UAE, and thus Indian courts lacked territorial jurisdiction
Previous Decisions
Judicial Magistrate First Class, Court No. 3, Pune, passed order under Section 156(3) CrPC on 12th April 2017 directing registration of FIR
Issues
Whether the FIR registered in India for an alleged offence of cheating committed in Dubai, UAE, can be sustained when the entire cause of action arose outside the territorial jurisdiction of Indian courts.
Submissions/Arguments
Petitioner argued that the entire cause of action arose in Dubai, UAE, and no part of the offence occurred within the territorial jurisdiction of Indian courts, hence the FIR is an abuse of process.
Respondent bank contended that the petitioner is an Indian citizen and fled to India to avoid repayment, and the FIR was validly registered.
Ratio Decidendi
For an offence of cheating, the essential ingredients are deception, inducement, and delivery of property. In this case, all these acts occurred in Dubai, UAE. The mere fact that the accused is an Indian citizen and later came to India does not confer jurisdiction on Indian courts to investigate or try the offence. The FIR was an abuse of process of law and liable to be quashed.
Judgment Excerpts
This petition under Article 226 of the Constitution of India read with Section 482 Criminal Procedure Code is preferred for quashing the FIR No. 86 of 2017 registered with the Koregaon Park Police Station under Sections 418 and 420 at the instance of the respondent, bank in terms of the order dated 12th April, 2017 passed under Section 156(3) Criminal Procedure Code by the Judicial Magistrate First Class, Court No. 3, Pune.
It is the complainant's case that, in January, 2012 the petitioner-accused with malafide intention to cheat the bank, approached the complainant bank at Dubai, UAE and represented that he is an Indian citizen and further promised and agreed that, in case, if loan facility is extended by way of credit card, he would repay the cash availed or withdrawn.
Procedural History
The complainant bank filed a complaint before the Judicial Magistrate First Class, Pune, who on 12th April 2017 passed an order under Section 156(3) CrPC directing the Koregaon Park Police Station to register an FIR. The FIR was registered as No. 86 of 2017 under Sections 418 and 420 IPC. The petitioner then filed the present writ petition for quashing the FIR.
Acts & Sections
- Constitution of India: Article 226
- Code of Criminal Procedure, 1973: Section 156(3), Section 482
- Indian Penal Code, 1860: Section 418, Section 420
