Quashed

Sadhna Misra v. State of West Bengal & Anr.

Calcutta HC12 Jul 2022CRR/1113/2008

Case brief

AI extract

What is this about?

The High Court quashed a criminal proceeding under Section 420 IPC filed for cheating in a brokerage dispute. The court held that non-payment of dues constitutes a civil matter only and cannot be converted into a criminal prosecution as a pressure tactic.

What did the court decide?

Quashing of Criminal Case No. C-3060 of 2004 filed under Section 420 IPC against the petitioner and disposal of restoration and condonation applications.

Sadhna Misra Vs State of West Bengal & Anr. — Quashing and FIR | Calcutta HC (2022)

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116 12.07.2022 Ct.21 AKG

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CRR 1113 of 2008 With IA No. CRAN 1 of 2022 & CRAN 2 of 2022

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In Re: - An application under Sections 397/401 read with Section 482 of the Code of Criminal Procedure, 1973.

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And

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In the matter of: Sadhna Mishra

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…. Petitioner

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Mr. Pawan Kr. Gupta, Ms. Sofia Nesar

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…for the Petitioner

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Mr. Sib Sankar Das, Mr. Subhajit Manna

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…for the Opposite Party No. 2

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CRAN 1 of 2022

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This is an application for restoration. Having regard to the averments made in this application, I am of the opinion that the reason for non-appearance of the learned advocate for the petitioner on August 3, 2021, has been sufficiently explained.

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Accordingly, CRAN 1 of 2022 is disposed of.

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CRAN 2 of 2022

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It has been averred in this application for condonation of delay that the petitioner came to know about the dismissal of the case only on March 1, 2022.

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The causes shown being sufficient, the application for condonation of delay stands allowed.

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Accordingly, CRAN 2 of 2022 is disposed of.

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CRR 1113 of 2008

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The opposite party no. 2 filed an application under Section 156 (3) of the Code of Criminal Procedure, 1973 against the petitioner alleging, inter alia , that the petitioner was the Estate Manager of M/s. Larsen & Toubro Limited (L & T in short) at its office at 16, Camac Street, Kolkata – 700016.

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The opposite party no. 2 was approached by a broker to find out an office for British Airways on a rental basis in a good location in Kolkata.

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The opposite party no. 2 accordingly, contacted the petitioner for providing the space. After protracted negotiation, a space was given to British Airways for office. The opposite party no. 2 acted as a broker on behalf of L & T. The petitioner and the company namely, L & T agreed to pay a brokerage equivalent to one month’s rent to opposite party no. 2.

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Agreed monthly rent of the premises was Rs. 2,76,500/-, the opposite party no. 2 accordingly, raised a bill of Rs. 2,76,500/- along with 8% service tax.

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The bill was accepted by the petitioner and L & T, but thereafter the petitioner started to avoid the opposite party no. 2 and did not pay the brokerage as agreed.

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The petitioner and L & T intentionally deceived opposite party no. 2 and dishonestly induced him to act on their behalf so that British Airways could be inducted as a tenant under the L & T.

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Though the allegations are against the company as well, in the complaint, the company has not been made a party.

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I am of the opinion that the nature of the allegation as apparent from the complaint does not constitute an offence under Section 420 of the Code of Criminal Procedure, 1973. Non-payment of a brokerage may be a ground for filing a civil suit but the petitioner cannot convert a transaction which is civil in nature into a criminal proceeding as a pressure tactic to realise his alleged dues.

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In that view of the matter, I am of the opinion that the present criminal case cannot continue. Accordingly, C-3060 of 2004 under Section 420 of the Indian Penal Code, pending before the Court of the Learned 11^th Metropolitan Magistrate, Kolkata is hereby quashed.

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CRR 1113 of 2008 is disposed of.

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Let urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities.

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(Kausik Chanda, J.)

Sadhna Misra v. State of West Bengal & Anr.

Case brief

What is this about?

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Sadhna Misra v. State of West Bengal & Anr.

Case brief

What is this about?

What did the court decide?

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