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Bombay High Court

M/S CITY SCAFFOLDINGS THROUGH ITS PROP BILAL SALIM CHOHANversusDEVIREDDY SREELATHA AND ORS

Decided
Disposal
Disposed Off

Holding

The High Court held that the respondents' disposal of the scaffolding and non‑payment of rent amounted to cheating and criminal breach of trust, making the issue process order valid and the matter criminal.

Summary

M/s City Scaffoldings, a scaffolding rental firm, leased equipment to Jacob Infrastructure Pvt. Ltd. (respondents 6 and 7) who in turn gave it to builders (respondents 1‑5). When the builders failed to pay rent and disposed of the scaffolding, City Scaffoldings sought an issue process order against them, which the Judicial Magistrate First Class issued. The Additional Sessions Judge later set aside that order, deeming the matter a civil dispute. City Scaffoldings filed a criminal revision, arguing that the conduct amounted to cheating and criminal breach of trust under Sections 420 and 406 IPC. The High Court held that the facts showed a criminal offence, upheld the issue process order, quashed the Sessions Judge’s order, and ordered that the case be tried against respondents 1‑5. The revision application was therefore allowed.

Issues considered

  • The dispute whether the matter is civil or criminal in nature.
  • Whether the conduct of respondents 1‑5 constitutes an offence under Sections 420 and 406 of the Indian Penal Code.
  • Whether the issue process order passed by the Judicial Magistrate First Class is valid and should stand.

Legislation cited

Subjects

  • cheating
  • criminal breach of trust
  • issue process order
  • civil vs criminal dispute
  • revision
  • High Court
  • Criminal Procedure Code
  • scaffolding rental

Judgment

                                                                                        26-REVN-348-2024 (CR).doc

                             S.S.Kilaje


                                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                       CRIMINAL APPELLATE JURISDICTION

                                                 CRIMINAL REVISION APPLICATION NO. 348 OF 2024

                                      M/s City Scaffoldings                                  ...Applicant/s
                                      VERSUS
                                      Devireddy Sreelatha And Ors                            ...Respondent/s
                                          _________________________________________________________________
          Digitally signed
SONALI by SONALI
       SATISH KILAJE
SATISH Date:
       2026.10.06
KILAJE 15:01:07
                                      Ms. Pooja Khandekar a/w Mr. Devidas Bhagat i/b Hulyalkar & Associates,
       +0530

                                      Advocate for Applicant.
                                      Mr. S.S.Pednekar, APP for Respondent-State.
                                      _________________________________________________________________

                                                                          CORAM      : SHIVKUMAR DIGE, J.
                                                                          DATE       : 30th SEPTEMBER, 2026.
                                      P.C. :

                                      1.          The challenge in this application is to the impugned order

                                      passed by the learned Additional Sessions Judge, Pune, whereby the

                                      Criminal Revision Application of the respondent was allowed and Issue

                                      Process Order passed by learned Judicial Magistrate First Class (J.M.F.C)

                                      against Directors (Respondent Nos. 1 to 5) of accused No.2 and respondent

                                      Nos. 6 and 7 was set aside.

                                      2.          It is contention of learned counsel for the applicant that the

                                      applicant is a proprietary firm in the business of scaffolding on hire and

                                      rental basis. The applicant company had rented material to respondent

                                      Nos. 6 and 7 of Jacob Infrastructure Pvt. Ltd. They have not challenged the

                                      issue process order passed against them.         Learned counsel further



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         submitted that the applicant persuaded respondent Nos. 6 and 7 to pay the

         rent.   Respondent No.6 and 7 informed the applicant that scaffolding

         material was given to respondent Nos. 1 to 5 who are builders. There was

         an agreement between the respondent Nos. 6 to 7 and respondent Nos. 1

         to 5. The applicant approached the respondent Nos. 1 to 5 to pay the rent.

         In response to which, a meeting was held between all the parties.

         Respondent Nos. 1 to 5 assured the applicant of payment of rent for the

         use of material and return of the said material to the applicant.      The

         minutes of said meeting are on record. Learned counsel further submitted

         that respondent Nos. 1 to 5 had already terminated the agreement with

         respondent Nos. 6 and 7 and applicant came to know about it later on

         when the applicant approached respondent Nos. 1 to 5 for the payment of

         rent and return of scaffolding material but they started refusing the same.

         The learned J.M.F.C. had passed issue process order against respondent

         Nos. 1 to 5, which was valid but learned Sessions Judge has quashed and

         set it aside, which is erroneous. Learned counsel further submitted that

         the emails exchanged between respondent Nos. 6 to respondent Nos. 1 to 5

         clearly shows that the scaffolding material provided to respondent Nos. 1

         to 5 belonged to the applicant. In spite of that, respondent Nos. 1 to 5

         disposed it off, which amounts to cheating.       Learned counsel further

         submitted that the learned J.M.F.C. called report of police under Section



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         202 of Cr.P.C. and from the said report, it clearly reveals commission of

         offence by all respondents and requested to allow the application.

         3.         Though respondents are served, none present for respondents.

         Hence, I am deciding this application on merit.

         4.         Learned APP submits that appropriate order be passed.

         5.         I have heard all learned counsel.      Perused impugned order.

         While allowing the revision application filed by respondent nos. 1 to 5,

         learned Sessions Judge has observed that dispute between the parties

         appears to be a civil dispute and no case is made out under Section 420

         and 406 of Indian Penal Code. It appears from record that applicant had

         given the scaffolding   material to respondent Nos. 6 and 7 of Jacob

         Infrastructure Pvt. Ltd. on rental basis. Jacob Nixon Giddam further gave

         the said scaffolding material to respondent Nos. 1 to 5 on rent.        The

         agreement in that regard is produced on record. When respondent Nos. 6

         and 7 were not paying rent to the applicant, the applicant approached

         them for payment of the said rent amount. Respondent Nos. 6 and 7

         informed the applicant that they had given the said material to respondent

         Nos. 1 and 5.     When the applicant approached them, they gave an

         assurance of payment of rent and return of scaffolding material after work

         is over and executed minutes of the said meeting. The minutes of meeting

         are produced on record. The respondent Nos. 1 to 5 had terminated the



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         agreement with Jacob Infrastructure Pvt. Ltd. (Respondent Nos. 6 and 7).

         When the applicant approached respondent Nos. 1 to 5 again for payment

         of rent, they refused to pay the rent as well as disposed off the scaffolding

         material of the applicant. It prima facie shows the commission of offence

         as alleged in the complaint by the applicant. The acts of the respondent

         Nos. 1 to 5 amount to criminal liability as they disposed off the scaffolding

         material of the applicant without their permission and did not pay rent

         towards the use of scaffolding material. The learned J.M.F.C. had passed

         issue process order which was legal and valid but learned Sessions Judge

         has not considered these facts. In view of above, I pass following order.

                                           ORDER

                 (i)      The Revision Application is allowed and disposed of.

                 (ii)     The impugned order dated 10.02.2023 passed by learned

                          Additional Sessions Judge, Pune, is quashed and set

                          aside.

                 (iii)    The matter be tried against the respondent Nos. 1 to 5 as

                          per order of learned Judicial Magistrate First Class, Pune.

                 (iv)     All pending applications, if any, also disposed of.



                                                        (SHIVKUMAR DIGE, J.)




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