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PAMIDIGHANTAM SRI NARASIMHA, JOYMALYA BAGCHI
Manish – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
(Joymalya Bagchi, J.)
1. Leave granted.
2. The appeal is directed against judgment and order dated 27th September, 2022, passed by the High Court of Judicature at Bombay at Nagpur in Criminal Application (APL) No. 506 of 2022, whereby the appellant’s prayer for quashing of FIR No. 80/2022, dated 11th February, 2022, registered under Section 420 of the Indian Penal Code, 1860, (for short the ‘IPC’) at Police Station Lakadganj, Nagpur, was refused.
Genesis of the case:
3. The 2nd non-applicant (respondent no.2 herein) – Nitin, S/o Murlidhar Agrawal, took out an application under Section 156(3) of the Code of Criminal Procedure, 1973, before the Judicial Magistrate First Class (Nagpur) alleging as follows:-
b) On 06th Mar
Cheating – Mere breach of promise to repay per se does not infer dishonest intention – Failure to pay due to unfortunate business losses cannot be clothed with culpability and process of criminal law....
The distinction between breach of contract and criminal cheating requires proof of fraudulent intent at the transaction's inception.
To constitute the offence of cheating, the accused must possess a dishonest or fraudulent intention at the time of the initial inducement. Mere breach of contract, failure to fulfill a promise, or th....
(1) Criminal breach of trust and cheating – In order to constitute offence of cheating intention to deceive should be in existence when inducement was made – Mere failure to keep promise subsequently....
Mere non-payment in business supply transaction does not constitute cheating under IPC Section 420 absent proof of dishonest inducement at inception; such civil disputes warrant FIR quashing to preve....
Mere breach of contract does not constitute cheating unless fraudulent intention is established from the outset, as per Section 420 IPC.
No offence under Sections 406/420 IPC without deception at transaction inception or entrustment with dishonest misappropriation; business account disputes civil, not criminal; proceedings quashed und....
The FIR was quashed as it lacked essential elements of criminal breach of trust and cheating, being merely a misuse of criminal process to enforce a contractual obligation.
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