VidhiSangh

Supreme Court of India · 30/01/2024

SACHIN GARG versus STATE OF U.P & ANR.

[2024] 1 S.C.R. 1134 · 2024 INSC 72

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Summary

A supplier’s dispute with a company over revised rates and an unpaid invoice did not, on the complaint and initial depositions, disclose criminal breach of trust. The complaint also lacked particulars supporting intentional insult or criminal intimidation, so the summons and complaint against the company employee were quashed under Section 482 CrPC.

Issues

  1. Whether the complaint and pre-summoning material disclosed criminal breach of trust in a commercial dispute over the rate for supplied work.
  2. Whether the allegations disclosed intentional insult or criminal intimidation, and whether the High Court should have quashed the summons under Section 482 CrPC.

Provisions considered

Held

Result

The appeal was allowed. The High Court’s judgment, the criminal complaint and the summons order dated 18 August 2021, together with consequential proceedings, were set aside.

Judgment PDF: Supreme Court of India, [2024] 1 S.C.R. 1134.