Sachin Garg vs State Of UP 2024 INSC 72 – Ss 204, 482 CrPC – Commercial Dispute Turned Into Criminal Case

Code of Criminal Procedure, 1973; Section 204 – While it is true that at the stage of issuing summons a magistrate only needs to be satisfied with a prima facie case for taking cognizance, the duty of the magistrate is also to be satisfied whether there is sufficient ground for proceeding- At the stage of issue of summons, detailed reasoning as to why a Magistrate is issuing summons, however, is not necessary – Referred to Pepsi Foods Ltd. vs Special Judicial Magistrate and Ors. [(1998) 5 SCC 749] ; Jagdish Ram vs State of Rajasthan and Another [(2004) 4 SCC 432] (Para 18)

Code of Criminal Procedure, 1973; Section 482 – It is true that the appellant could seek discharge in course of the proceeding itself before the concerned Court, but here we find that no case at all has been made out that would justify invoking the machinery of the Criminal Courts. The dispute, per se, is commercial in nature having no element of criminality – Criminal Proceedings quashed. (Para 19)

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