Rikhab Birani vs State Of Uttar Pradesh 2025 INSC 512 - Criminal Proceedings - Civil Remedies
Indian Penal Code 1860 - Section 415-420 - Merely on the allegation of failure to keep a promise will not be enough to initiate criminal proceedings. Thus, the dishonest intention on the part of the party who is alleged to have committed the offence of cheating should be established at the time of entering into the transaction with the complainant, otherwise the offence of cheating is not established or made out. It is the duty and obligation of the court to exercise a great deal of caution in issuing process, particularly when the matter is essentially of civil nature. The prevalent impression that civil remedies, being time-consuming, do not adequately protect the interests of creditors or lenders should be discouraged and rejected as criminal procedure cannot be used to apply pressure. Failure to do so results in the breakdown of the rule of law and amounts to misuse and abuse of the legal process [Context: Supreme Court imposed costs of ₹50,000 on the State of Uttar Pradesh and observed: we are being flooded with cases of civil wrongs being made the subject matter of criminal proceedings by filing chargesheets, etc.]
