Title: Ashish Kumar Vs. State of West Bengal & Anr.
Decided on: 19th, October 2023
Writ C No. – CRR 197 of 2023
CORAM: The Hon’ble Justice Partha Sarathi Chatterjee.
INTRODUCTION
In this case Ashish Kumar attempted to have criminal charges brought under Sections 406 and 420 of the Indian Penal Code set aside. Dr. Swapnil Jaiswal filed a complaint at the start of the case alleging that Ashish Kumar had defaulted on payment for a tour package.
Ashish’s request was denied by the court, which decided that more research and a trial were necessary because the charges suggested possible offenses. This case highlights the necessity of differentiating between civil and criminal cases as well as establishing a sufficient basis for filing criminal charges.
FACTS OF THE CASE
A group of travellers made a reservation for a tour package with Ashish Kumar, who is said to have taken money but failed to pay hotel owners and taxi drivers. Ashish was the subject of a criminal complaint brought under IPC Sections 406 and 420. Ashish’s request to have the case dismissed was denied, so the court case could go forward.
COURTS ANALYSIS AND DECISION
The case of Ashish Kumar, who was accused of taking money for a tour package but not paying hotel owners and taxi drivers as agreed, was examined by the court. The court determined that the accusations of cheating and breach of trust could be crimes if they were to be believed at face value. Consequently, it denied Ashish Kumar’s application to stop the proceedings, enabling the legal matter to continue.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer. “
Written by- Kusuma R
