Shikhar Chemicals vs State Of Uttar Pradesh - S.482 CrPC - Civil Dispute - Entrustment

Code of Criminal Procedure 1973 - Section 482 - In cases of civil dispute a complainant cannot be permitted to resort to criminal proceedings as the same would amount to abuse of process of law. [Context: SC criticized the High Court justification of criminal proceedings instituted by the complainant in a case of pure civil dispute on the ground that it may take considerable time for the complainant to recover the balance amount by preferring a civil suit.] (Para 20)

Indian Penal Code 1860 - Section 406 - A mere transaction of sale cannot amount to an entrustment. (Para 14)

Judiciary - Observation made by SC on the judge who passed the impugned order: With all due deference and humility at our command, we are constrained to observe that the impugned order is one of the worst and most erroneous orders that we have come across in our respective tenures as judges of this Court -The judge concerned has not only cut a sorry figure for himself but has made a mockery of justice. We are at our wits’ end” to understand what is wrong with the Indian Judiciary at the level of High Court. At times we are left wondering whether such orders are passed on some extraneous considerations or it is sheer ignorance of law. Whatever it be, passing of such absurd and erroneous orders is something unpardonable. (Para 3) We request the Hon’ble the Chief Justice of the High Court of Allahabad to assign this matter to any other Judge of the High Court as he may deem fit. The Chief Justice of High Court shall immediately withdraw the present criminal determination from the concerned Judge. . The Chief Justice shall make the concerned judge sit in a Division Bench with a seasoned senior judge of the High Court. . We further direct that the concerned judge shall not be assigned any criminal determination, till he demits office. If at all at some point of time, he is to be made to sit as a single judge, he shall not be assigned any criminal determination. (Para 23-26)