HC quashes criminal proceedings against college principal

NT Correspondent

Bengaluru: The High Court of Kar nataka has quashed criminal proceedings against the principal of the Mangalore Marine College and Technology, Kilenjar, Mangaluru stating that allowing it to continue may lead to miscarriage of justice. The Court said that the allegations constitute civil dispute and there was no need for a criminal trial in the issue.

A contractor who built a garden in the college had alleged the principal was holding back part of the payment which he claimed was cheating. Palakshappa, the principal of the college approached the HC with a petition challenging the charge sheet filed against him in the case pending before a Judicial Magistrate First Class court in Mangaluru.

The complaint against him was filed by one Venkatesh from Bengaluru. The private complaint by Venkatesh alleged offences punishable under Sections 417, 420 (cheating) and 506 of the Indian Penal Code (IPC) against Palakshappa. Venkatesh is said to have been entrusted with the gardening work in the college campus.

As per the agreement he completed the assigned work worth Rs 6,64,060. He then accused the principal that the college had only made a part payment of Rs 3,75,000 and a further Rs 2,00,000 had to be paid towards maintenance of the garden. Venkatesh alleged cheating at the hands of the principal. He claimed that when he approached the principal to get back his Rs 2,00,000 he was threatened with dire consequences.

Thereafter he filed a private complaint in the Magistrate court. After the filing of the FIR and investigation, a charge sheet was filed before the court by the police. This led the principal to approach the HC. The principal’s petition was heard by Justice Sachin Shankar Magadum. CIVIL DISPUTE The HC in its judgement noted that the issue was a civil dispute.

“On perusal of the averments/allegations made in the complaint, this Court would find that the entire averments made in the complaint are purely found to be civil in nature. Therefore, even if the allegations are accepted, the said allegations constitute a civil dispute,” the HC said. The HC further said that the issue has to be handled by a civil court.

“The averments in the complaint as to whether respondent No.2/complainant (Venkatesh), after entrustment has completed the work under the agreement and there is a breach on the part of the petitioner in not releasing the amount indicated in the complaint has to be substantiated before a competent Civil Court. The amount claimed in the complaint is not a concluded amount which is admitted by the petitioner/ principal,” the court said.

Quashing the criminal case against the principal, the HC said, “The allegations in the private complaint, even if accepted, do not constitute an offence under Section 420 of IPC as the claim made by the respondent No.2/complainant is seriously disputed.

Therefore, this Court is of the view that even if the entire averments made in the complaint are accepted in entirety, no offence is made out and therefore, if permitted, the same would amount to abuse of process,” the HC said. The HC said Venkatesh should have approached the civil court.

“The respondent No.2 instead of initiating criminal proceedings ought to have approached a competent Civil Court to seek redressal of his claim. If the allegations based on the charge sheet which does not indicate that the accused was in fact holding back part of the payment cannot be allowed to proceed against the petitioner by way of criminal trial,” it said. (CrLP 1255/2017)