A Supreme Court bench headed by Justice JB Pardiwala, who recently criticised a judge of the Allahabad High Court for allowing criminal proceedings in a civil dispute case, showed a calm demeanour while granting anticipatory bail to a couple.
Justice Pardiwala deleted his observations against the Allahabad High Court judge after Chief Justice BR Gavai intervened and requested him to reconsider the order.
Hearing a similar matter where the Rajasthan High Court denied anticipatory bail to the couple in a civil dispute case, the bench comprising Justice Pardiwala and Justice R Mahadevan had on August 13 said the problem stemmed from non-adherence to well-settled law.
"This time I am not going to lose my cool," Justice Pardiwala said in an oral remark.
In this case, an FIR was lodged against a couple on charges of cheating, criminal breach of trust, and criminal conspiracy.
According to the complainant, a sum of Rs 3,50,000 was paid by the couple towards the sale of plywood. However, the couple failed to pay the balance amount of Rs 12,59,393, prompting the seller to file a police complaint.
The top court, in its order, said there could be no criminal breach of trust once there is a sale transaction.
The bench noted in its order that the Rajasthan High Court denied anticipatory bail to the couple, saying the recovery of the amount may not be effected if they are given protection.
"What we have understood from the aforesaid is that according to the state, the police machinery is required for the purpose of recovery of the balance amount. The high court very willingly accepted such submission canvassed on behalf of the state.
"We need not say anything further in the matter. Ordinarily, while granting bail, we do not set aside the orders passed by the high courts denying bail, but this is one order we deem apposite to set aside," the bench said.
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