M/S PROGRESSIVE FINLEASE LTD vs STATE NCT OF DELHI & ORS.

Judgment text excerpt

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 20th May, 2026 + CRL.M.C. 7050/2023 M/S PROGRESSIVE FINLEASE LTD .....Petitioner Through: Mr. Shailendra Bhatnagar, Mr. Pradeep Kumar and Mr. Bal Krishan Yadav, Advocates versus STATE NCT OF DELHI & ORS. .....Respondent Through: Mr. Sunil Kumar Gautam, APP for State/R-1 with SI Praveen, PS EOW Mr. Vikas Gupta and Mr. Sohil Sharma, Advocates for R-2 & R-3 CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner, alleging that accused persons had committed offences under Sections 406/420/421/422/120-B IPC, prayed before the learned Trial Court for registration of FIR against them. 2. However, when the aforesaid application was taken up by the concerned Magisterial Court, it observed that allegations made by complainant, at best, revealed breach of agreement, which was purely civil in nature and had been given the criminal overtone. While dismissing the application filed under Section 156(3) Cr.P.C., learned Trial Court formed opinion as under:- “12. Thus, in view of the aforesaid discussions, it would be a futile exercise and an abortive attempt to proceed with the present complaint and to allow the complainant to lead any pre-summoning evidence as no criminal offence even prima-facie appears to be made out in the present Signature Not Verified Signed By:SONIA CRL.M.C. 7050/2023 1 THAPLIYAL Signing Date:21.05.2026 17:30:55 case. Hence, the cognizance is hereby declined and the present complaint case stands dismissed.” 3. Feeling aggrieved, aforesaid order was taken before the Revisional Court and such Revision has also been dismissed by learned Court of Sessions on 25.07.2023. Learned Sessions Court was also of the view that no offence stood disclosed and it was a mere breach of contract.