TaxTMI 
TaxTMI 
2019 (4) TMI 1631
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....0 AM fire broke into the premises of M/s. Ram Company. Fire brigade and police were informed, which reached on the spot and fire could be controlled after several hours. The cause of fire was shown as electric short circuit in electric cable. Fire caused damages of stocks, plant and machinery and building. M/s. Ram Company had taken a Standard Fire & Special Perils Policy from M/s. United India Insurance Co. Ltd. M/s. Ram Company had submitted insurance claim on 20.12.2010. Total claim raised by the company was Rs. 3,62,45,114/-. The United India Insurance Co. Ltd. (hereinafter referred to as "insurance company") appointed the appellant M/s. Protocol Surveyor and Engineers Private Limited, who is a certified surveyor by Insurance Regulatory and Development Authority. The appellant being Director of M/s. Protocol Surveyor and Engineers Private Limited undertook survey of insurance claim of the company. 3.3 On 04.04.2011, the appellant visited the premises at Kosikala, District Mathura for the purposes of preparing a survey report. Joint Inspection note was prepared on 04.04.2011, for which various documents were asked from the company. After various correspondences, the appellant....
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....nant filed an application under Section 156(3) Cr.P.C. alleging offences under Sections 383, 384, 471, 504 and 506 I.P.C. In the complaint, allegation was made against the appellant that he alongwith two or three other unknown persons, one of whom was holding a revolver, came to the complainant's house on 02.10.2011 at 7.00 PM and abused him in filthy language and was about to assault him, When some neighbours arrived there, the appellant and two or three other unknown persons fled the spot on their vehicle. On the above application dated 14.11.2011, on the order of the Magistrate, first information report was lodged being F.I.R. No.367 of 2011 under Sections 383, 384, 471, 504 and 506 I.P.C. registered on 24.11.2011. Insurance company by letter dated 12.12.2011 repudiated the claim of M/s. Ram Company. Paragraph Nos. 3, 4 and 5 of the said letter are to the following effect:- "3. That during the course of carrying out survey & assessment of this claim, the overall approach & conduct of the surveyor was found to be satisfactory. 4. That the said surveyors submitted a copy of their Final Survey report No.2010-DEC-131 dated 23 September, 2011 to this office on 27 Se....
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....l Chief Judicial Magistrate vide its order dated 29.11.2016 rejected the application for discharge against which Criminal Revision was filed in the High Court, which has been dismissed on 06.02.2017. Aggrieved, by above order, this appeal has been filed. 4. Learned counsel for the appellant in support of this appeal contends that complaint filed by the complainant was nothing but proceeding for harassment of the appellant. The appellant, who was surveyor having given adverse reports regarding the fire claim of the company, the complainant due to annoyance and to teach a lesson to the appellant has filed the complaint. It is submitted that incident is alleged of 02.10.2011 when appellant is claimed to be visited his house and threatened him whereas the complaint in the Court of Chief Judicial Magistrate was filed on 14.11.2011, i.e., about more than one month and 12 days, which itself indicate that whole story was concocted to harass the appellant. It is submitted that police after making thorough investigation twice have found no offence committed and has submitted the closure report. It is submitted that ingredients of offence under Sections 504 and 506 are not made out on the ....
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....nces were made by the complainant with the appellant as well as insurance company. In the letter dated 11.09.2011, which was addressed to insurance company, there was no allegation made against the appellant and for the first time in letter dated 19.09.2011 sent by M/s. Ram Company, allegation was made against the appellant that appellant has asked for money for the final survey report, which was submitted by the appellant on 23.09.2011, which was received by insurance company on 27.09.2011. 12. We have noticed above that in the final survey report recommendation has been made to repudiate the claim due to misrepresentation and false declaration made by the appellant, which is breach of policy condition. The incident alleged against the appellant is dated 02.10.2011, i.e., immediately after submission of final survey report. It was only after final survey report submitted by the appellant on 23.09.2011, which was received on 27.09.2011 that the appellant alleged the incident dated 02.10.2011, in which appellant has alleged to have threatened the complainant. It is to be noted that application under Section 156(3) of Cr.P.C. was filed for the first time on 14.11.2011, copies of w....
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.... that there are suspicious circumstances against the accused so as to frame a charge against him." 16. After considering the earlier cases of this Court, in paragraph No.10, following principles were noticed:- "10. Thus, on a consideration of the authorities mentioned above, the following principles emerge: (1) That the Judge while considering the question of framing the charges under Section 227 of the Code has the undoubted power to sift and weigh the evidence for the limited purpose of finding out whether or not a prima facie case against the accused has been made out. (2) Where the materials placed before the Court disclose grave suspicion against the accused which has not been properly explained the Court will be fully justified in framing a charge and proceeding with the trial. (3) The test to determine a prima facie case would naturally depend upon the facts of each case and it is difficult to lay down a rule of universal application. By and large however if two views are equally possible and the Judge is satisfied that the evidence produced before him while giving rise to some suspicion but not grave suspicion against the accused, he w....
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....when one tries to pick up people who are passing orders under a statutory provision which can be challenged under the framework of the said Act or under Article 226 of the Constitution of India. But it cannot be done to take undue advantage in a criminal court as if somebody is determined to settle the scores." 19. It is, thus, clear that while considering the discharge application, the Court is to exercise its judicial mind to determine whether a case for trial has been made out or not. It is true that in such proceedings, the Court is not to hold the mini trial by marshalling the evidence. 20. After noticing the nature of jurisdiction to be exercised by the Court at the time of discharge, we now revert back to the facts of the present case, where taking an allegation of complaint as correct on the face of it, whether offences under Sections 504 and 506 is made out, is a question to be answered. 21. We need to notice Sections 503, 504 and 506 for appreciating the issues, which has come up for consideration, which are to the following effect:- "503. Criminal intimidation.-Whoever threatens another with any injury to his person, reputation or property, or to the pe....
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....ding of the complaint, a prima facie case has been made out or not to issue process by the Magistrate. The law as regards issuance of process in criminal cases is well settled. At the complaint stage, the Magistrate is merely concerned with the allegations made out in the complaint and has only to prima facie satisfy whether there are sufficient grounds to proceed against the accused and it is not the province of the Magistrate to enquire into a detailed discussion on the merits or demerits of the case. The scope of enquiry under Section 202 is extremely limited in the sense that the Magistrate, at this stage, is expected to examine prima facie the truth or falsehood of the allegations made in the complaint. The Magistrate is not expected to embark upon a detailed discussion of the merits or demerits of the case, but only consider the inherent probabilities apparent on the statement made in the complaint. In Nagawwa v. Veeranna Shivalingappa Konjalgi, (1976) 3 SCC 736, this Court held that once the Magistrate has exercised his discretion in forming an opinion that there is ground for proceeding, it is not for the Higher Courts to substitute its own discretion for that of the Magist....
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.... duties and spoiled the integrity of the second respondent. It is the intention of the accused that has to be considered in deciding as to whether what he has stated comes within the meaning of "criminal intimidation". The threat must be with intention to cause alarm to the complainant to cause that person to do or omit to do any work. Mere expression of any words without any intention to cause alarm would not be sufficient to bring in the application of this section. But material has to be placed on record to show that the intention is to cause alarm to the complainant. From the facts and circumstances of the case, it appears that there was no intention on the part of the appellants to cause alarm in the mind of the second respondent causing obstruction in discharge of his duty. As far as the comments posted on Facebook are concerned, it appears that it is a public forum meant for helping the public and the act of the appellants posting a comment on Facebook may not attract ingredients of criminal intimidation in Section 503 IPC." 25. In the above case, allegation was that appellant had abused the complainant. The Court held that the mere fact that the allegation that accused h....