New Delhi: The Supreme Court on Tuesday delivered a landmark verdict in an incident of non-payment of rent. The court, while hearing the case, said that if anyone could not pay the rent due to any compulsion, he has not committed any offence. At the same time, the Supreme Court has also dismissed a petition filed by a landlord in the same case.
A bench of the same judges Sanjeev Khanna and Justice Bela M Trivedi, while hearing the matter, said that if the tenant does not pay the outstanding rent amount due to some compulsion, then we are of the view that it is not an offence even if the facts given in the complaint are correct. Failure to pay the rent can lead to legal action, but a case under the IPC will not be registered.
At the same time, the bench said that the necessary and basic things proving the offence under section 415 (cheating) and section 403 (dishonest misuse of property) are missing in the case. The court also quashed the FIR related to the case. Earlier, the case was with the Allahabad High Court, but the court had refused to quash the FIR against the appellant. After hearing the arguments, the bench said that if the tenant has vacated the property, then the incident can be resolved under civil remedies, for which the court allows.