During trial
Expressing concern over the routine and mechanical registration of First Information Reports (FIRs) for both offences. The Supreme Court directed that police officers must thoroughly have and assessment. The allegations in a complaint may fall under the category of cheating or criminal breach of trust before filing FIR. The Court also urged magistrates to apply their minds meticulously when handling private complaints. This ensures that they carefully examine whether the allegations genuinely constitute either of these specific offences. The bench criticised the casual approach often taken by magistrates in issuing summons for criminal cases. Hence, emphasising that such actions should not be taken lightly. The Court noted that the magistrate’s order must reflect a thoughtful consideration of the facts and applicable law. It must be rather than merely setting criminal proceedings in motion as a matter of course. In its judgement, the Court overturned the High Court’s decision and the magistrate’s order, concluding that the evidence presented did not meet the essential requirements for charges under Sections 406 and 420 of the IPC. The Court ruled that, in this case, the complainant’s claim was more appropriate for civil litigation over unpaid invoices, rather than criminal prosecution. Furthermore, the Court highlighted that in cases involving companies, vicarious liability should not automatically be imposed on individual office bearers unless there is clear evidence of direct involvement in the alleged offence. The Supreme Court’s judgement has been sent to the Principal Secretary of the Ministry of Law & Justice and the Home Department, Union of India, with a recommendation to implement training programs for police officers to prevent such legal misunderstandings in the future.
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