Dismissed

Khaleel Ahmad v. State of U.P. and 2 Ors.

Allahabad HC11 Sept 2018A482/31497/2018

Case brief

AI extract

What is this about?

The High Court dismissed an application under Section 482 CPC seeking to quash a criminal complaint regarding non-payment for supplied fruits. The court held the dispute stems from a civil contract and must be pursued through civil remedies, dismissing the application without interfering in merits.

What did the court decide?

The instant application under Section 482 Cr.P.C. was dismissed.

Khaleel Ahmad Vs State of U.P. and 2 Ors. — Contract and Commercial Disputes | Allahabad HC (2018)

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Court No. - 42

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Case :- APPLICATION U/S 482 No. - 31497 of 2018

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Applicant :- Khaleel Ahmad Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Shakil Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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By way of the instant application, the applicant has sought for quashment of the order dated 18.04.2018 passed by the Additional Sessions Judge, Court No.5, Bijnor, in Criminal Revision No.161 of 2015 Khaleel Ahmad Vs. State of U.P. and another as well as the order dated 30.03.2015 passed by the Additional Chief Judicial Magistrate, Court No.3, Bijnor, in Criminal Complaint Case No.2031 of 2014 Khaleel Ahmad Vs. Mohd. Saleem under Sections 420, 406 I.P.C., Police Station Kotwali City, District Bijnor.

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Crux contention raised on behalf of the applicant in this case is that supply of huge quantity of fruits was made to opposite party nos.2 and 3 pursuant to the contractual obligation existing between the applicant and opposite party nos. 2 and 3. The applicant claims that in this case, fruits were supplied in the year 2010 and upon refusal of payment by opposite party nos.2 and 3, the applicant tried to lodge the report against the aforesaid opposite parties stating therein that they have cheated and acted in breach of trust. However, the application was converted into complaint and after recording statement of the applicant and his witnesses under Sections 200 and 202 Cr.P.C. respectively, its merit was considered and the application was rejected by the Magistrate concerned observing that contractual civil liability is existing between the parties and contractual obligation can be enforced by the applicant against the aforesaid opposite parties.

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Feeling aggrieved by the same, the present

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applicant filed revision before the revisional court whereupon after consideration of the case and its merits, the lower revisional court vide its order dated 18.04.2018 confirmed the order of the Magistrate concerned thereby rejected the revision. Hence the instant application.

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It has been submitted that in this case, lot of mental agony and torture have been made on account of non-payment of money in consideration of the supply of fruits given by the applicant to opposite party nos.2 and 3. The applicant being old man is pursuing legal remedy for four years. In case he is denied his right, he will be put to great loss.

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Learned A.G.A. has supported the orders impugned in the instant application.

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Considered the submissions.

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Obviously, it is admitted fact that in this case, civil contract exists for supply and purchase between the parties who are required to act within four corners of contractual obligation. The contractual obligation cannot be tried to be imposed in a way that a criminal liability has accrued against one party and he be punished. Accordingly, the dispute has civil genesis. Both the courts below rejected application/complaint of the applicant.

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In view of above, the applicant may pursue his legal remedy as available to him. However, no interference is required by this Court at this stage.

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Consequently, the instant application is dismissed.

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The observation made in this order shall not touch merits of the case.

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Order Date :- 11.9.2018 rkg

Khaleel Ahmad v. State of U.P. and 2 Ors.

Case brief

What is this about?

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Khaleel Ahmad v. State of U.P. and 2 Ors.

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