x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   2 national parties fight, 2 regional parties watch: BJP-Congress slogan war rocks Srinagar | Child betrayed in her school’s shadow: Second teacher suspended | Chitta in Khaki: Another woman cop held with Heroin | High Court upholds acquittal of 3 persons | Court cancels anticipatory bail in Rs 93-lakh land fraud case | Protect children’s future, say no to drugs: DGP Prabhat | Frame practical roadmap for mountain development: CM Omar | NIA attaches property used to harbour Pak LeT terrorists | ACB catches official red-handed | HC makes uniform mandatory for clerks | AI, Nuclear and Biological Weapons: A Looming Threat to Humanity’s Survival | Wrapped in Danger: The Silent Poison in Our Takeaway Food | Buyers beware! | Sunder Gems & Jewels Premium Pop-Up inaugurated in Jammu amidst the gracious presence of AWWA members | DG Prosecution J&K addresses prosecution fraternity of UT | J&K DyCM assures swift relief and restoration after record-breaking rains in Jammu | Sakeena Itoo chairs 31st JKWDC Board meeting | Amit Sharma reviews progress of DCHB under Census 2027 across all districts of J&K and Ladakh | Jammu police arrest two persons; Heroin-like substance and illegal weapons recovered by PS Gandhi Nagar | Celebrity singers Aminder Bobby, Chaman lehri enthralled the audience in AIDSC | Biggest accusation of vote theft in India's history lies on Omar Abdullah's family: LoP Sharma | Mamta Yadav assumes charge as Director Information | One day training under IHIP-IDSP of Medical Officers & Medical College doctors held | SKUAST-Jammu's Veterinary Students Embark on North India Educational Tour | 538th Monday theatre at Pacca Talab Jammu | Igniting Aspirations: IIT Jammu hosts students from GDC Kargil, Ladakh | Thapar Institute wins two FICCI Higher Education Excellence Awards 2026 | State Cancer Institute, GMC Jammu Observes Breast Cancer Awareness Day and Organises E-Pledge on Nasha Mukti | Congress has become synonymous with anarchy and disorder in the country: CM | Six SMVDU faculty feature in Stanford's Top 2% Scientists List | Indian Army strengthens Army - Awan connect through Panch & Sarpanch meet at Goha, Doda | MLA Arvind Gupta inaugurates development works worth Rs 70 Lakh in Jammu West | Back Issues  
 
news details
HC rejects criminal colour to civil dispute, quashes FIR
9/11/2026 10:07:34 PM
Early Times Report
JAMMU, Sept 11: Observing that a purely commercial dispute had been given criminal colour, the High Court of Jammu & Kashmir and Ladakh has quashed an FIR arising out of a Rs 15-lakh property transaction, holding that continuation of the proceedings would amount to an abuse of the process of law. Justice Sanjay Dhar allowed the petition filed by Romesh Kumar and others challenging FIR No. 0120/2024, registered at Police Station Bakshi Nagar, Jammu, under Sections 318(4) and 316(5) of the Bharatiya Nyaya Sanhita. The Court emphasised that an offence of cheating requires fraudulent or dishonest intention at the inception of a transaction. A subsequent failure to honour a promise does not establish cheating when such intention was absent at the outset.
According to the complaint, Romesh Kumar and his wife, Rekha Devi, allegedly induced the complainant to pay ?15 lakh for purchasing a building with a shop at Exchange Road, Jammu. They promised him Rs 20,000 per month from the rental income and stated that a tower would be installed on the building.
The complainant alleged that the petitioners stopped making payments after November 2016 and failed to fulfil their promise recorded in a written affidavit. He also alleged that they had threatened his son. Senior Advocate Rakesh Chargotra, assisted by Advocate Abhishek Verma, appeared for the petitioners. Deputy Advocate General P.D. Singh represented the investigating agency, while Advocate Rajat Jamwal appeared for the complainant. Examining the allegations, Justice Dhar noted that the complainant himself had admitted that the petitioners paid the agreed Rs 20,000 per month until November 2016. The Court held that their compliance with the arrangement demonstrated the absence of dishonest intention when the transaction was entered into. "It is only after November, 2016 that they failed to keep their promise," the Court observed, concluding that no offence of cheating was made out in the facts and circumstances of the case. The Court found that the FIR appeared to have been lodged "only to give criminal texture to a purely commercial dispute" between the parties. It reiterated that the Supreme Court and the High Court had repeatedly deprecated the tendency of litigants to convert purely civil disputes into criminal prosecution. The investigating agency informed the Court that witness statements had been recorded under Section 180 of the Bharatiya Nagarik Suraksha Sanhita, but further investigation could not proceed following the High Court's interim stay dated September 20, 2024. Counsel for the complainant submitted that his client had no objection to the FIR being quashed.
Holding that continuation of the criminal proceedings would constitute an abuse of the process of law, the High Court, through its order dated September 9, 2026, quashed the FIR and all proceedings arising from it.
(JNF)
  Share This News with Your Friends on Social Network  
  Comment on this Story  
 
 
 
Early Times Android App
STOCK UPDATE
 
 
 
 
 
 
 
   
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
 
 
J&K RELATED WEBSITES
J&K Govt. Official website
Jammu Kashmir Tourism
JKTDC
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
UTILITY
Train Enquiry
IRCTC
Matavaishnodevi
BSNL
Jammu Kashmir Bank
State Bank of India
PUBLIC INTEREST
Passport Department
Income Tax Department
JK CAMPA
JK GAD
IT Education
Web Site Design Services
EDUCATION
Jammu University
Jammu University Results
JKBOSE
Kashmir University
IGNOU Jammu Center
SMVDU