In a criminal petition under Section 482 CrPC, the High Court quashed an FIR for cheating regarding alleged non-payment of wages, holding the dispute civil in nature and sub judice before the Labour Court.
The impugned FIR in Crime No.23/2022 registered by the K.R.Puram Police station stands quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:36091 CRL.P No. 3822 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF OCTOBER, 2023 BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 3822 OF 2022
BETWEEN:
KANNAYA GOVINDARAJ S/O LATE K GOVINDARAJ AGED ABOUT 41 YEARS R/O MY NEST COMPANY DOMINOS PIZZA BUILDING BHATRAHALLI, K R PURAM BANGALORE -560 049.
ALSO R/AT, NEELADARI NILAYA 200/2, 2ND FLOOR, SF-1, 8TH MAIN MASJID STREET, VIRAT NAGAR BOMMANAHALLI, BANGALORE-560 068.
…PETITIONER
(BY SRI. SHAHNAWAZ M. MAHADAPUR, ADVOCATE)
AND:
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SMT. K P YASHODA, HCGP FOR R-1 NOTICE TO R2 - SERVED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE FIR DATED 28.01.2022 IN CR.NO.23/2022 (ANNEXURE-A) ON THE FILE OF X ADDL.C.M.M., MAYO HALL, BENGALURU AND THE COMPLAINT DATED 28.01.2022 (ANNEXURE-B).
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The 2nd respondent lodged the FIR alleging that he was employed by the petitioner to carry out the painting work and having completed the painting work, the petitioner has not paid a sum of Rs.6,03,000/- towards wages. The Police registered the FIR for the offence punishable under Section 420 of IPC.
cheating. Workman having approached the competent authority for the payment of wages due, the continuation of the investigation will be an abuse of process of law, since the dispute between the parties which is purely civil in nature is seized before the Labour Court. Accordingly, I pass the following order:
Sd/JUDGE
HR
1 issue framed by the court
Whether an FIR for non-payment of wages qualifies as a cheating offence under the Code of Criminal Procedure.
1 provisions across 1 enactments
KANNAYA GOVINDARAJ S/O LATE K GOVINDARAJ
STATE OF KARNATAKA
GAJENDRA R S/O RAVI KUMAR
HEMANT CHANDANGOUDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
