TaxTMI 
TaxTMI 
2018 (12) TMI 1907
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....15 at JFCM-III at Calicut, the original Complainant has preferred the present Appeal. 3. That the Appellant herein filed a complaint against the Respondent Accused for the offences Under Section 420, 406 read with Section 34 of the Indian Penal Code alleging, inter alia, that after entering into the agreement by the Accused with the Complainant with regard to availing of intellectual services for marketing the products of the complainant, the Accused did not pay the amount due and payable under the agreement and paid a sum of Rs. 1,50,000/- only (Rupees One Lakh Fifty Thousand Only) and without paying the remaining amount backed out from the agreement and thereby the Accused has committed the offence as alleged. 3.1 On the charge-sheet fi....
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....High Court quashing the criminal proceedings initiated by the original complainant, the original Complainant has preferred the present Appeal. 4. We have heard the Appellant herein the original Complainant-party in person and Shri Sriram P., learned Advocate appearing on behalf of the original Accused and learned Advocate appearing on behalf of the State of the Kerala. 4.1 The Appellant, party in person has vehemently submitted that, in the facts and circumstances of the case, the High Court has committed grave error in quashing the criminal proceedings. It is vehemently submitted by the Appellant-party in person that as the Accused did not act as per the agreement entered into between the parties and did not make the payment due and paya....
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....nd order passed by the High Court, we are of the opinion that the learned High Court has not committed any error in quashing the criminal proceedings initiated by the complainant. Even considering the allegations and averments made in the FIR and the case on behalf of the Appellant, it cannot be said that the ingredients of Sections 406 and 420 are at all satisfied. The dispute between the parties at the most can be said to be the civil dispute and it is tried to be converted into the criminal dispute. Therefore, we are also of the opinion that continuing the criminal proceedings against the Accused will be an abuse of process of law and, therefore, the High Court has rightly quashed the criminal proceedings. Merely because the original Acc....