English lesson, reference to dictionary as HC sets free man held for saying he was ‘straight shooter’

“The use of the slang is fairly common amongst the younger generation, which is adept at messaging. It can be misunderstood if taken literally,” said Justice Grewal in the order that was uploaded recently.

The court also stressed that even if a phrase or an idiom, which has been sent through a message, iscapable of two interpretations, the one which is “favorable to the accused” would be acceptable. “If a narrow and pedantic view is taken then it may curtail freedom of speech and expression,” the court observed while quashing the FIR registered against petitioner Shailabh Mehndiratta under Sections 386 (Extortion by putting a person in fear of death or grievous hurt) and 506 (criminal intimidation) at Faridabad police station.

Shailabh’s grandfather Amir Chand Mehndiratta had a dispute with the family of Amarjit Singh over shareholding in a Faridabad-based automotive parts firm — M/s Friends Auto (India) Private Limited — with a turnover of Rs 250 crore. Following Amir Chand’s death, his sons inherited 38.40 per cent of the total shareholding of the company.

In 2017, Amarjit Singh’s Mehar Singh was inducted as a director in the firm without informing the Board of Directors or taking its consent, which led to a dispute. The Mehndiratta family filed a civil suit for injunction at Faridabad district court, but the same was dismissed in June 2019 with a direction to approach appropriate authorities as per law. They then filed a petition before the Company Law Tribunal. The Delhi bench of NCLT, by an order dated November 8, 2019, directed the parties to maintain status quo.

Amid the litigation, the two families had been trying to settle the dispute during the course of which Shailabh sent a message on Whatsapp to Amarjit Singh on March 7, 2019, which read: “62/B-Il Mohan corporate indl estate + 50 crs for me and my dad… Boss to Boss, Straight shooter”.

Based on the WhatsAp message, Amarjit Singh filed a complaint with Commissioner of Police, Faridabad and based on latter’s order, an FIR was registered and Shailabh arrested the same day. He later secured bail from a trial court.

Advocates Prabhdeep Singh Bhandari and Rubal Garg, appearing for Shailabh, sought quashing of the FIR contending that the message was only in furtherance to the talks of settlement. The property and the money mentioned in the message is commensurate with the share of the petitioner’s father in the company.

The counsel for Amarjit Singh, however, submitted that he is 58-years-old and had received the message at 5 am from an unknown number, and had received threats in the past as well. The counsel argued that the petition in NCLT was filed four months after registration of the FIR. Shailabh had not done any business with Amarjit Singh and, therefore, it was an attempt on former’s part to extort money by putting him in fear of grievous injury and death.

Hearing the matter, Justice Grewal referred to the dictionary meaning of the word “straight shooter” and observed that it is defined as an honest and forthright person. “The ‘straight shooter’ is, thus, a person who would call a spade a spade. The definition does not refer to any violent activity or mean literally to shoot with a firearm,” Justice Grewal observed.

The bench further said that often such messages appear to be cryptic, but they drive home the point. “The art of letter writing with formation of sentences, punctuated with proper grammar is almost on the verge of extinction. One can say that from the standpoint of a semi-literate person, the message may seem threatening, but viewed in the factual backdrop, it is more plausible that it is part of the process of negotiation between the families of the shareholders of the company,” Justice Grewal said.

“Further…even if a phrase or an idiom, which has been sent through a message, is capable of two interpretations, the one which is favourable to the accused would be acceptable. If a narrow and pedantic view is taken then it may curtail freedom of speech and expression…Freedom of speech and expression is one of the essential foundations of a democratic society, one of the basic conditions for its progress and for the self-fulfilment of an individual,” read the order.

Citing a Supreme Court judgement, wherein it was stated that on registration of an FIR, it is not mandatory to arrest the accused, Justice Grewal said, “The police has been overzealous in registering the FIR”.

While quashing the FIR, the bench said, “When the message by itself cannot be construed to constitute a prima facie case under Section 386 IPC, to put the petitioner on trial would be unjust”.