Anticipatory bail – FIR for breach of the Sole Selling Distribution Agreement
HELD that the allegations relate to the breach of the obligations and rights under the Agreement. Clause 16 of the Agreement provided for dispute resolution. The complainant waited for more than 13 months to file FIR after termination notice. What is alleged by the first informant is a contractual dispute or breach of the contract per se. Prevailing impression is that the civil disputes are time consuming and therefore present complaint has been fled by invoking criminal jurisdiction and criminal procedure, which may be the reason for the first informant to approach law enforcement agencies. Moreover, the first informant has neglected / avoided / failed to invoke the arbitration clause.
It is clear that criminal machinery cannot be initiated for the acts of civil nature and every act of breach of trust may not result in a penal offence of criminal breach of trust unless there is evidence of manipulating act of fraudulent misappropriation.
Judgment dated 9.6.2025 of the High Court of Bombay in Anticipatory Bail Application No.160 of 2025 of Tejas Lali Soni Vs. State of Maharashtra and another with connected matter.
