Site icon Raw Law

Bombay High Court Quashes 420 IPC Charges in Flat Sale Dispute: “Criminal proceedings cannot be used to settle civil disputes over money transactions”

flat purchase dispute
Share this article

Court’s Decision

In Nitin Laxmidas Dama v. State of Maharashtra, the Bombay High Court exercised its powers under Section 482 CrPC to quash FIRs registered under Sections 420, 406, and 34 of the Indian Penal Code (IPC) against the petitioner. The Court held that the dispute pertained to a civil transaction involving a flat purchase and did not disclose the essential ingredients of the alleged criminal offences. It ruled that continuation of the criminal proceedings would constitute an abuse of the process of law.


Facts

The case arose out of a transaction where the complainant allegedly paid ₹12.5 lakhs in cash to the petitioner towards the purchase of a flat in Dahisar, Mumbai. The complainant claimed that the petitioner had agreed to sell the flat and had initially accepted the money with the promise of execution of a sale deed. However, the petitioner later sold the flat to a third party and did not return the money to the complainant, thereby leading to the registration of an FIR for cheating and criminal breach of trust.

The petitioner contended that the entire transaction was based on mutual understanding and there was no written agreement or formal documentation executed between the parties. Moreover, the amount claimed was unaccounted cash, and the complainant had initiated criminal proceedings purely to exert pressure in a civil dispute.


Issues

  1. Whether the ingredients of Sections 420 (cheating), 406 (criminal breach of trust), and 34 (common intention) IPC are satisfied on the basis of the allegations made in the FIR?
  2. Whether a civil dispute involving monetary transactions can be converted into a criminal case by making vague allegations of cheating?
  3. Whether the High Court should exercise its powers under Section 482 CrPC to prevent abuse of the process of law?

Petitioner’s Arguments

The petitioner argued:


Respondent’s Arguments

The State opposed the quashing and contended:


Analysis of the Law

The Court examined the legal ingredients required for the offences alleged:

The Court noted that mere failure to return money in a contractual setting does not attract Section 420 unless fraudulent intent is shown at the outset. The transaction did not involve entrustment either, as the complainant voluntarily gave the money.


Precedent Analysis

The Court relied on the following authorities:

The Court concluded that none of the judgments permitted continuation of proceedings in such purely civil matters.


Court’s Reasoning

Justice S.V. Kotwal observed:

“There is no allegation of fraudulent inducement at the inception. The FIR appears to be an attempt to convert a money recovery dispute into a criminal case.”

The Court emphasized that criminal law cannot be used as a tool for recovering amounts in cash transactions, particularly when there is no formal documentation or evidence of entrustment or fraudulent promise.


Conclusion


Implications

This decision:


Summary of Cases Referred

  1. Vesa Holdings v. State of Kerala, (2015) 8 SCC 293: Civil breach of contract does not amount to cheating unless fraudulent intent is proved.
  2. G. Sagar Suri v. State of U.P., (2000) 2 SCC 636: Criminal proceedings should not be used to settle monetary civil disputes.
  3. Indian Oil Corp. v. NEPC India Ltd., (2006) 6 SCC 736: Civil transactions must not be given criminal dimensions unless statutory elements are satisfied.

Also Read: Calcutta High Court Quashes Defamation and False Case Proceedings Against Police Officer: “No Prima Facie Evidence of Harm to Reputation; Cognizance Mechanically Taken Without Judicial Mind”

Exit mobile version