VidhiSangh

Supreme Court of India · 12/03/2024

NARESH KUMAR & ANR. versus THE STATE OF KARNATAKA & ANR.

[2024] 3 S.C.R. 740 · 2024 INSC 196

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Summary

A dispute over the number of bicycles assembled and the resulting contractual payment did not disclose cheating without dishonest intent when the promise was made. Additional payment under an admitted settlement could not itself prove initial fraud. The complainant accepted the bank payment, and the Court found the later coercion claim unpersuasive on this record. With no criminal element in the settled contractual dispute, the Court quashed the proceedings as an abuse of process and set aside the High Court order.

Issues

  1. Whether the disputed contractual amount and later settlement payment established initial dishonest intention.
  2. How the admitted settlement and coercion allegation affected continuation of proceedings.
  3. Whether inherent jurisdiction should be exercised to prevent abuse.

Provisions considered

Held

Result

Appeal allowed; High Court order set aside. Criminal proceedings arising from FIR 113/2017 quashed as an abuse of process.

Judgment PDF: Supreme Court of India, [2024] 3 S.C.R. 740.