Uttarakhand High Court
Hon'Ble U.C.Dhyani vs Ramesh Chander And Another on 4 April, 2014
Author: U.C.Dhyani
Bench: U.C.Dhyani
WPCRL No. 361 of 2014 Hon'ble U.C.Dhyani, J.
Mr. Lalit Belwal, Advocate, present for the writ petitioners.
Mr. V.S.Pal, learned AGA, present for the State.
Issue notice to respondent no. 4. Steps be taken within a week.
List after the notice is served upon the said respondent.
A first information report was lodged against the present petitioners for the offences punishable under Sections 420, 467 and 468 of IPC. The allegations levelled against the petitioners, in a nutshell, are that the cheques given by the petitiners were dishonoured when the same were submitted in the Bank for encashment. Further, it is also alleged that the petitioners cheated them by not returning the earnest money of Rs.9,93,000/- (nine lacs ninety three thousands). The dispute is related to a piece of land.
Learned counsel for the writ petitioners laid emphasis on the fact that the dispute is purely civil in nature and no ingredients of any offence are made out. This Court is unable to subscribe to such contention of learned counsel for the writ petitioners, in as much as, it was held by Hon'ble Apex Court in Amit Kapoor vs. Ramesh Chander and another, (2013) 1 SCC (Cri) 986 that the Court should apply the test as to whether the uncontroverted allegations as made from the record of the case prima facie establish the offence or not. Where allegations give rise to a civil claim and also amount to an offence, merely because a civil claim is maintainable, does not mean that a criminal complaint cannot be maintained. It may be purely a civil wrong or purely a criminal offence or a civil wrong as also a criminal offence constituting both on the same set of facts.
Considering the nature of allegations levelled against the writ petitioners, this Court is unable to grant interim protection from arrest to the petitioners at this stage.
As prayed, let a copy of this order be provided to the learned counsel for the writ petitioners today itself on payment of usual charges.
(U.C.Dhyani, J.) 04.04.2014 Kaushal