Introduction:
In Naresh Kumar & Anr. v. State of Karnataka & Anr. (2024 Latest Caselaw 156 SC), the Supreme Court held that criminal law cannot be invoked to settle disputes that are essentially civil in nature. The Court observed that a mere breach of contract does not constitute the offences of cheating or criminal breach of trust unless it is shown that the accused had a fraudulent or dishonest intention from the very beginning. Accordingly, it quashed the criminal proceedings by exercising the principles governing Section 482 of the Code of Criminal Procedure.
Facts of the Case
The appellants were senior officials of a bicycle manufacturing company. The respondent had entered into a contract with the company for assembling, transporting and delivering bicycles. According to the respondent, he had assembled over 83,000 bicycles and raised invoices exceeding ₹1 crore, but received only about ₹35 lakh. Alleging cheating, criminal breach of trust and criminal intimidation, the respondent lodged an FIR against the appellants. During the pendency of the dispute, the parties entered into a compromise under which the appellants paid an additional sum of ₹26 lakh. Despite accepting the amount, the respondent continued with the criminal proceedings, alleging that the settlement had been obtained under coercion. The High Court refused to quash the FIR, holding that the payment of the additional amount indicated an intention to cheat from the outset. Aggrieved by the decision, the appellants approached the Supreme Court.
Issue Before the Supreme Court
The principal issue was whether the dispute was essentially civil in nature and whether the criminal proceedings amounted to an abuse of the process of law.
Supreme Court's Findings
The Supreme Court disagreed with the High Court's reasoning. The Court observed that: •The dispute was essentially about the number of bicycles assembled and the amount payable under the contract.
•Such disputes are contractual and civil in nature.
•There was no material to show that the appellants had any dishonest or fraudulent intention at the time the contract was entered into.
•The payment of an additional amount pursuant to a settlement could not be treated as proof of an intention to cheat.
•The respondent accepted the settlement amount through a bank transaction and did not lodge any complaint alleging coercion at the relevant time. The Court reiterated that the inherent powers of the High Court under Section 482 CrPC are intended to prevent abuse of the judicial process. It also reaffirmed the settled principle that criminal proceedings should not be permitted where a civil dispute is merely given the appearance of a criminal offence.
Final Decision
The Supreme Court allowed the appeal and: •Set aside the High Court's order refusing to quash the FIR.
•Quashed all criminal proceedings arising out of the FIR.
•Held that continuation of the prosecution would amount to an abuse of the process of law.
Significance of the Judgment
The judgment reinforces the distinction between civil disputes arising from contractual obligations and genuine criminal offences such as cheating and criminal breach of trust. It reiterates that criminal prosecution cannot be used as a tool to recover contractual dues or exert pressure in commercial disputes. The decision also emphasises the importance of the High Court's inherent jurisdiction under Section 482 CrPC to prevent misuse of the criminal justice system where no criminal intent is disclosed.