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2017 DIGILAW 819 (ORI)

Benudhar Sahu v. State of Orissa

2017-07-31

S.PUJAHARI

body2017
ORDER 31.7.2017. Heard the learned Counsel for the parties. The petitioner has filed this application under Section 482 Cr.P.C. challenging the order dated 07.04.2009 passed by the learned SDJM, Bhadrak in ICC No.779 of 2008 taking cognizance of the offence under Sections 406/418/420 of IPC against him, to be illegal and arbitrary. It is alleged that the petitioner was serving as Lecturer in Electrical Department in Diploma Stream in Bhadrak Institute of Engineering and Technology, Barapada, Bhadrak. During that period, he applied to go on study leave with a pay to complete M. Tech and the aforesaid Institute sponsored him with a condition that after completion of the aforesaid course, he would serve for the institution or would pay the double of the amount along with charge to the institution and a bond in this regard was executed. But, after completion of such course, the petitioner worked for the Institution for some time and left the post there and served elsewhere. Hence, the aforesaid complaint case was filed alleging the aforesaid offences. As it appears the dispute is purely civil in nature inasmuch as in spite of an agreement between the parties, the petitioner after completion of his course though worked for some time, but violating the conditions left the Institute. In the case of Indian Oil Corporation vrs. NEPC India Ltd. and others : reported in (2006) 6 SCC 736 , the Apex Court referring to the judgment passed in G. Sagar Suri and another vrs. State of U.P. and others reported in (2000) 2 SCC 636 , wherein it has been observed as follows : “8. Jurisdiction under Section 482 of the Code has to be exercised with great care. In exercise of its jurisdiction the High Court is not to examine the matter superficially. It is to be seen if a matter, which is essentially of a civil nature, has been given a cloak of criminal offence. Criminal proceedings are not a short cut of other remedies available in law. Before issuing process a criminal Court has to exercise a great deal of caution. For the accused it is a serious matter. This Court has laid certain principles on the basis of which the High Court is to exercise its jurisdiction under Section 482 of the Code. Criminal proceedings are not a short cut of other remedies available in law. Before issuing process a criminal Court has to exercise a great deal of caution. For the accused it is a serious matter. This Court has laid certain principles on the basis of which the High Court is to exercise its jurisdiction under Section 482 of the Code. Jurisdiction under this section has to be exercised to prevent abuse of the process of any Court or otherwise to secure the ends of justice.” have held as follows : “13...... It is necessary to take notice of a growing tendency in business circles to convert purely civil disputes into criminal cases. This is obviously on account of a prevalent impression that civil law remedies are time consuming and do not adequately protect the interests of lenders/creditors. Such a tendency is seen in several family disputes also, leading to irretrievable breakdown of marriage/families. There is also an impression that if a person could somehow be entangled in a criminal prosecution, there is likelihood of imminent settlement. Any effort to settle civil disputes and claims, which do not involve any criminal offence, by applying pressure through criminal prosecution should be deprecated and discouraged. 14. While no one with a legitimate cause or grievance should be prevented from seeking remedies available in criminal law, a complainant who initiates or persists with a prosecution, being fully aware that the criminal proceedings are unwarranted and his remedy lies only in civil law, should himself be made accountable, at the end of such misconceived criminal proceedings, in accordance with law. One positive step that can be taken by the Courts, to curb unnecessary prosecutions and harassment of innocent parties, is to exercise their power under Section 250 Cr.P.C. more frequently, where they discern malice or frivolousness or ulterior motives on the part of the complainant. Considering the facts and circumstances made, especially the law laid down in the case of Indian Oil Corporation (supra), this Court is of the view that the dispute being purely civil in nature, no criminal intend can be deciphered by not serving in the Institute in spite of agreement and as such continuance of the aforesaid prosecution against the petitioner shall be an abuse of process of the Court. Accordingly, this Court quashes the proceeding in ICC No.779 of 2008 against the petitioner and directs the Court in seisin over the matter to drop the same against him on receipt/production of certified copy of this order. With the aforesaid order, this CRLMC stands disposed of. LCR received along with copy of this order be returned to the Court below forthwith. Issue urgent certified copy as per rules. CRLMC disposed of.