PANJIM: The High Court on Bombay at Goa on Thursday pointed to the classic case of abuse of the process of law and how First Information Reports (FIR) was registered in purely civil disputes so as to give it the colour of a criminal dispute.
The Court allowed two writ petitions filed by M/s Marina Resorts Pvt Ltd and The Goa Urban Cooperative bank Ltd and quashed and set aside FIR dated July 3, 2023 registered by the Crime Branch police, Ribandar. The Court also directed Antonio Trinidad and M/s Jatoyah Investments and Holding Pvt Ltd to pay cost of Rs 25,000 each to both the petitioners within a period of 15 days.
Both the petitioners had challenging FIR registered by the police against them for the offences punishable under Sections 403, 406, 409 and 420 read with 341 of Indian Penal Code, on a complaint lodged by the Trinadad.
The petitioner had executed an agreement with both the respondents on November 23, 1994 for the purpose of transfer of 4.51 lakh equity shares of the petitioner for a total sum of Rs 4.01 crore of which an amount of Rs 10 lakh was paid at the time of execution of agreement by the m/s Jatoyah Investments and Holding Pvt Ltd and a sum of Rs 3.91 lakh was to be paid on or before February 28. 1995. Since the respondents No 2 and 3 failed to pay the balance amount, the earlier director of the petitioner forwarded reminder stating that only an amount of Rs 1,03,72,579 was received by the petitioner out of the remaining agreed amount.
After the petitioner served notice of termination of said agreement in January 1996, the respondents filed a civil suit in September 1996 for specific performance of agreement dated November 24, 1994 before the Civil Court of Mapusa. An injunction application was also filed with the said suit.
The Court refused to accept that the complaint dated April 29, 2023 for offences punishable under Sections 403, 406, 409 and 420 of the IPC. This is a case wherein both the respondents by suppressing material facts and more particularly about cognisance taken by the Mumbai Metropolitan Magistrate for the same offence, succeeded in registering another FIR in Goa. This clearly amounts to abuse of the process of law. It is also evident from such conduct that a complaint was lodged only to pressurise the petitioners in connection with civil proceedings pending at Mapusa, the Court stated.
Besides this, it is evident that the attempt to file such complaint is to take revenge on the petitioners. This further shows vindictive approach on the part of respondents, the High Court observed.
