Law of the Land

Criminal Vs Civil in India


                                 HIGH COURT OF BOMBAY

Decided on April 01,2008


- (1.) HEARD Shri A. M. Nabira, Advocate for the petitioners and Shri d. P. Lalwani, Advocate for the respondent.
(2.) THIS petition has been filed under article 227 of the Constitution of India read with section 482 of the Criminal Procedure code seeking quashing of the order of issuance of process against the petitioners. It may be stated that the respondent has preferred a Criminal Complaint No. 326/2005 in the Court of J. M. F. C. , Nagpur. The complaint was for the offences punishable under sections 406, 420, read with section 34 of I. P. C. It was alleged that the petitioners-accused have committed criminal breach of trust and caused financial losses to the respondent-complainant by not refunding security deposit amongst other allegations. The process was issued against the petitioners by the order dated 1. 9. 2007 passed by the learned J. M. F. C. , Nagpur. Petitioners are challenging that order. Petitioners also seek quashing of the proceedings in criminal Complaint Case No. 326/2005.
(3.) BRIEF facts which need to be noted are that-the respondent-complainant and the petitioners are business firms. They entered into Distributorship Agreement on 31. 12. 2002 for distributing goods of the petitioner No. 1 company in some parts of maharashtra. Petitioner No. 2 is the director of petitioner No. 1 which is a registered company. It is alleged that respondent appreached with the proposal for carrying on the business of the distribution of the goods marketed by the petitioners. It is alleged that thereafter, there were some disputes between parties; so also exchange of notices and even civil suit was filed by the respondent- (complainant ). Respondent-complainant also filed a criminal complaint as stated above for the aforesaid offences. When the said complaint was filed, the learned Magistrate initially called report under section 202 of Cri. P. C. After hearing the complainant, perusing his verification statement and report under section 202 of cri. P. C. , he issued process against the petitioners for the offences under sections 406 and 420 of the I. P. C. This order dated 1. 9. 2007 is challenged in this petition. The quashing of the complaint case proceedings instituted by respondent-complainant is also sought



Legal notice is issued in case of certain disputes espicially consumer complaint, property dispute, check bounce, divorce, eviction legal notice. It is important for you to inform the other person that you are going to initiate a legal action against them.

The filing of a legal notice acts a beginning to your journey of litigation. Therefore it has various aspects in which it is important:

·By sending legal notice it can give a clear intention on the part of the sender to file a lawsuit for the purpose of resolving the issue to which the other party might respond immediately to save oneself from court proceedings.

·A person can easily describe his grievance in a legal notice with the help of an Advocate.

·Serving of legal notice gives an opportunity to the receiver of the legal notice, that is, the opposite party to resolve the issue cordially.

·It acts as a reminder for the receiver of the legal notice about the acts that have intentionally or unintentionally have created a problem for the sender.

The most common cases where legal notice is issued are :

·Disputes related to property such as mortgage, delayed possession delivery by the builder, eviction of the tenant, the partition of family property, etc.

·Notice to the employer for wrongful termination, unpaid salary, violation of any right of the employee by the employer, etc.

·Notice to the employee for violation of the HR policies, sexual harassment act at the workplace, leaving the job without handing over the resignation letter, violation of any provision of the employment agreement, etc.

·Notice to a company manufacturing or providing service of faulty products, faulty services, false advertisement, etc.

·Notice in the case of cheque bounce to the issuer of the cheque.

·Notice in case of personal conflicts such as divorce, maintenance, child custody, etc.

A legal notice is essentially a notice sent by an advocate on the behalf of his/her client. It is not mandatory for a person to send a legal notice through an advocate, he/she can send a legal notice on his/her own accord without the assistance of an advocate.

It is not even mandatory to send a legal notice as there is no specific provision/enactments of law that make it mandatory to issue a legal notice before filing a suit.

A legal notice is generally issued by an advocate on behalf of his/her client for the purpose of soliciting a settlement. It is issued either to accept the settlement or to reject it altogether in order to avail a civil suit or legal remedies.