Delhi High Court Dismisses Petition to Quash FIR in Air Ticket Cancellation Fraud, Upholds Criminal Proceedings

In a significant ruling, the Delhi High Court has dismissed a petition filed by Blue Bird Leisure and Holidays Ltd. & Others, seeking to quash an FIR registered against them under Sections 406/120B of the IPC. The FIR pertained to allegations of cheating and criminal breach of trust in the context of the cancellation of air tickets. The judgment, pronounced by Hon’ble Mr. Justice Amit Sharma on February 2, 2024, emphasized the prima facie criminal nature of the conduct of the petitioners.

The petition challenged an order dated 07.06.2013 by the learned Metropolitan Magistrate-05, Patiala House Courts, New Delhi, which directed the registration of an FIR based on a complaint by Spring Holiday Ltd., alleging fraudulent cancellation of air tickets by the petitioners after payment was received. The petitioners sought the quashing of the consequent FIR, arguing that the dispute was essentially civil in nature, arising from a contractual relationship.

Justice Amit Sharma, in his judgment, observed, “The aforesaid aspect, as highlighted hereinabove, shows that even as per the petitioners’ own case, as on 27.09.2012, they were not authorized to book any tickets by M/s Ezeego. The scope of the present jurisdiction is limited in nature and disputed facts which require minute scrutiny cannot be gone into, at this stage.” This observation was crucial in determining the criminal aspect of the case.

The court also noted that the petitioners had no authority to book tickets for the complainant and that the amount received was never refunded. The judge remarked, “There appears to be prima facie substance in the allegations made against the petitioners.”

Rejecting the contentions of the petitioners, the court upheld the FIR and the consequent chargesheet, directing an expedited trial. The court clarified that the observations made were solely for the purpose of adjudicating the present petition and should not be construed as an opinion on the merits of the case.

Date of Decision: 02nd February, 2024

Blue Bird Leisure And Holidays Ltd. & Ors.  VS Spring Holiday Ltd. & Anr.