VidhiSangh

Supreme Court of India · 18/08/2022

M N G BHARATEESH REDDY versus RAMESH RANGANATHAN AND ANOTHER

[2022] 6 S.C.R. 1097 · 2022 INSC 847

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A consultant neurosurgeon whose engagement with a Mysore hospital was terminated filed a private complaint against the hospital's general manager. He alleged wrong billing that reduced his professional fees, and harassment. The Magistrate took cognizance, but the Sessions Court set that aside in revision. The Karnataka High Court found no defamation but held that cheating and criminal breach of trust were prima facie disclosed. Reading the complaint as it stood, the Court found no allegation of deception, dishonest inducement or delivery of property, and no entrustment of property. The grievance was at most a breach of the Consultancy Agreement, a civil dispute. The appeal was allowed and the Sessions Court's revisional order restored.

Issues

  1. Whether a complaint alleging improper billing of a consultant's fees and wrongful termination disclosed the offences of cheating under Sections 415 and 420 IPC.
  2. Whether it disclosed criminal breach of trust under Section 405 IPC without any allegation of entrustment.

Provisions considered

Held

Result

Appeal allowed. The High Court's judgment is set aside and the Additional Sessions Judge's revisional order setting aside cognizance is restored.

Judgment PDF: Supreme Court of India, [2022] 6 S.C.R. 1097.