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Criminal Case Quashed for Lack of Entrustment: Why Loan Recovery Cannot Trigger Section 406 IPC
Case Law Details
- Case Name
- Satishchandra Ratanlal Shah Vs State of Gujarat And Another (Supreme Court of India)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- Supreme Court of India
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Satishchandra Ratanlal Shah Vs State of Gujarat And Another (Supreme Court of India)
Civil Loan Default ≠ Criminal Offence — Mere Non-Repayment of Loan Does Not Attract Sections 406/420 IPC: Criminal Law Cannot Be Used to Recover Civil Debt: Supreme Court Quashes FIR
Facts
Complainant (Director of a money-lending company) gave a loan of Rs. 27 lakh to the Appellant (retired bank employee) in January 2008.
Loan not repaid; complainant alleges threats when demanding repayment.
FIR registered in 2012 under Sections 406, 409, 417, 420, 294(b), 506(2) IPC.
A summary civil suit...
Author Info
