FIR in 2017 for offences of Sections 406 and 420 IPC – Non-payment of goods supplied in 2014
The appellant is the Director of the Company registered in Sri Lanka and doing the business in the name of “Maayu Import and Export Ltd”.
In March, 2012, the business of exporting sarees sold by the respondent no.2 and purchased by the appellant was started. It was facilitated through M/s. Oswal Overseas for export of goods.
On 3.1.2017, the respondent no.2 filed FIR in respect of the offences under Sections 406 and 420 of IPC during the period of 16.10.2013 and 5.4.2014.
During the said period, the respondent no.2 had sent sarees and other goods of Rs.39,18,108/- to the appellant through M/s. Oswal Overseas. However, the payment was not made.
HELD that on the mere statement of the respondent no.2 the transaction does not turn out to be an offence under the IPC. Therefore, continuation of FIR for offences under sections 406 and 420 of IPC, filed in 2017 in respect of the transaction of 2014 against the appellant was an abuse of process of law and at best, the non-payment of sale price could be a civil dispute between the appellant and M/s. Oswal Overseas.
Judgment dated 1.5.2025 of the Supreme Court of India in SLP (Criminal) No.1850 of 2022 Ashok Kumar Jain Vs. The State of Gujarat and another
