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M.Suresh Etc. vs State Of A.P. on 11 July, 2016 cites

Hridaya Rangan Pd. Verma And Ors vs State Of Bihar And Anr on 31 March, 2000

10. We find from the documents on record, particularly the counter affidavit of the respondent himself and the cancellation deed dated 9th October, 2006 filed along with the counter affidavit that the dispute between the parties is purely of civil nature. Even the stand of the complainant is that the matter has already been resolved and the complainant has already received the amount of Rs.95 Lacs against the payment of Rs.85 Lacs. However, 6 6 according to him, the appellants were liable to pay further sum of Rs.30 Lacs as the cheques for the said amount have been dishonoured. Mere fact that the cheques have been dishonoured and the appellants may be liable to pay further amount to the complainant will not by itself make out a case of cheating. It is a dispute for which the respondent-complainant can take his remedies under the law. We are conscious that merely because a case involves a civil dispute does not by itself bar remedy under criminal law if a case is made out. At the same time, process of criminal law cannot be pressed into service merely for settling a civil dispute when no offence is committed. Law on the point is well settled in series of judgments of this Court including Hridaya Ranjan Pd. Verma versus State of Bihar1, Anil Mahajan versus Bhor Industries Ltd.2, Indian Oil Corporation versus NEPC India Ltd.3, Inder Mohan Goswami versus State of Uttaranchal4 and Chandran Ratnaswami versus K.C. Palanisamy5.
Supreme Court of India Cites 18 - Cited by 714 - D P Mohapatra - Full Document

M/S Indian Oil Corporation vs M/S Nepc India Ltd., & Ors on 20 July, 2006

10. We find from the documents on record, particularly the counter affidavit of the respondent himself and the cancellation deed dated 9th October, 2006 filed along with the counter affidavit that the dispute between the parties is purely of civil nature. Even the stand of the complainant is that the matter has already been resolved and the complainant has already received the amount of Rs.95 Lacs against the payment of Rs.85 Lacs. However, 6 6 according to him, the appellants were liable to pay further sum of Rs.30 Lacs as the cheques for the said amount have been dishonoured. Mere fact that the cheques have been dishonoured and the appellants may be liable to pay further amount to the complainant will not by itself make out a case of cheating. It is a dispute for which the respondent-complainant can take his remedies under the law. We are conscious that merely because a case involves a civil dispute does not by itself bar remedy under criminal law if a case is made out. At the same time, process of criminal law cannot be pressed into service merely for settling a civil dispute when no offence is committed. Law on the point is well settled in series of judgments of this Court including Hridaya Ranjan Pd. Verma versus State of Bihar1, Anil Mahajan versus Bhor Industries Ltd.2, Indian Oil Corporation versus NEPC India Ltd.3, Inder Mohan Goswami versus State of Uttaranchal4 and Chandran Ratnaswami versus K.C. Palanisamy5.
Supreme Court of India Cites 20 - Cited by 1578 - Full Document

Inder Mohan Goswami & Another vs State Of Uttaranchal & Others on 9 October, 2007

10. We find from the documents on record, particularly the counter affidavit of the respondent himself and the cancellation deed dated 9th October, 2006 filed along with the counter affidavit that the dispute between the parties is purely of civil nature. Even the stand of the complainant is that the matter has already been resolved and the complainant has already received the amount of Rs.95 Lacs against the payment of Rs.85 Lacs. However, 6 6 according to him, the appellants were liable to pay further sum of Rs.30 Lacs as the cheques for the said amount have been dishonoured. Mere fact that the cheques have been dishonoured and the appellants may be liable to pay further amount to the complainant will not by itself make out a case of cheating. It is a dispute for which the respondent-complainant can take his remedies under the law. We are conscious that merely because a case involves a civil dispute does not by itself bar remedy under criminal law if a case is made out. At the same time, process of criminal law cannot be pressed into service merely for settling a civil dispute when no offence is committed. Law on the point is well settled in series of judgments of this Court including Hridaya Ranjan Pd. Verma versus State of Bihar1, Anil Mahajan versus Bhor Industries Ltd.2, Indian Oil Corporation versus NEPC India Ltd.3, Inder Mohan Goswami versus State of Uttaranchal4 and Chandran Ratnaswami versus K.C. Palanisamy5.
Supreme Court of India Cites 23 - Cited by 1931 - D Bhandari - Full Document

Chandran Ratnaswami vs K.C. Palanisamy & Ors on 9 May, 2013

10. We find from the documents on record, particularly the counter affidavit of the respondent himself and the cancellation deed dated 9th October, 2006 filed along with the counter affidavit that the dispute between the parties is purely of civil nature. Even the stand of the complainant is that the matter has already been resolved and the complainant has already received the amount of Rs.95 Lacs against the payment of Rs.85 Lacs. However, 6 6 according to him, the appellants were liable to pay further sum of Rs.30 Lacs as the cheques for the said amount have been dishonoured. Mere fact that the cheques have been dishonoured and the appellants may be liable to pay further amount to the complainant will not by itself make out a case of cheating. It is a dispute for which the respondent-complainant can take his remedies under the law. We are conscious that merely because a case involves a civil dispute does not by itself bar remedy under criminal law if a case is made out. At the same time, process of criminal law cannot be pressed into service merely for settling a civil dispute when no offence is committed. Law on the point is well settled in series of judgments of this Court including Hridaya Ranjan Pd. Verma versus State of Bihar1, Anil Mahajan versus Bhor Industries Ltd.2, Indian Oil Corporation versus NEPC India Ltd.3, Inder Mohan Goswami versus State of Uttaranchal4 and Chandran Ratnaswami versus K.C. Palanisamy5.
Supreme Court of India Cites 41 - Cited by 99 - M Y Eqbal - Full Document
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