SUDHANSHU DHULIA, AHSANUDDIN AMANULLAH
V. D. Raveesha – Appellant
Versus
State Of Karnataka – Respondent
| Table of Content |
|---|
| 1. overview of criminal case background. (Para 1 , 2 , 3 , 4 , 5) |
| 2. defense argues convictions were erroneous. (Para 6 , 7 , 8 , 9) |
| 3. court analysis of evidence and arguments. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. court's analysis and reasoning regarding the evidence and the decision on criminal intent. (Para 19) |
| 5. differentiating breach of trust from cheating. (Para 20 , 21) |
| 6. final ruling and sentence adjustment. (Para 22 , 23 , 24) |
JUDGMENT :
The present petition impugns the Final Judgment and Order dated 11.10.2023 (hereinafter referred to as the ‘Impugned Order’) passed by the High Court of Karnataka at Bengaluru (hereinafter referred to as the ‘High Court’) in Criminal Revision Petition No.653/2020, whereby the High Court confirmed the Judgment and Order dated 25.08.2020 passed in Criminal Appeal No.29/2018 by the learned VI Additional District and Sessions Judge, Tumakuru (hereinafter referred to as the ‘Appellate Court’) which had affirmed the conviction recorded and sentence awarded to the petitioner, by the learned Additional Senior Civil Judge and Chief Judicial Magistrate, Tumakuru (hereinafter referred to as the ‘Trial Court’) vide Judgment
The court affirmed the distinction between criminal breach of trust and cheating, emphasizing that both offenses cannot coexist under the same facts while confirming the accused's conviction for forg....
Non-payment in a commercial transaction does not constitute criminal breach of trust or cheating unless there is evidence of dishonest intention from the inception.
Court quashed FIR as allegations did not establish criminal breach of trust or cheating; petitioner acted within contractual duties.
The court held that mere breach of contract does not constitute a criminal offence of cheating or criminal breach of trust, emphasizing the necessity of fraudulent intent from inception.
Point of law : exercise powers under Section 482 CrPC, the complaint in its entirety shall have to be examined on the basis of the allegation made in the complaint/FIR/charge-sheet and the High Court....
Non-payment in commercial transactions does not constitute cheating or criminal breach of trust without establishing fraudulent intent.
Offence of cheating - Quash of criminal complaint - There is no fraudulent or dishonest inducement of a person induced to deliver any property to any person again same is not the case her – Court not....
The court held that mere non-payment of dues in a commercial transaction does not constitute criminal offences under IPC Sections 406 and 420, emphasizing the distinction between civil and criminal l....
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