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B. V. NAGARATHNA, JOYMALYA BAGCHI
Jupally Lakshmikantha Reddy – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT :
Joymalya Bagchi, J.
1. Leave granted.
2. The appeal is directed against judgment and order dated 18.04.2024 in Criminal Petition No. 2197/2021 passed by High Court of Andhra Pradesh whereby the High Court refused to quash proceedings in CC No. 303 of 2020 under Section 420 of the Indian Penal Code, 18601[Hereinafter “IPC”].
3. Appellant’s society namely, JVRR Education Society is running a college since 2016 from a non-multi-storeyed building comprising ground – 03 upstairs, with a height of 14.20 metres. On 13.07.2018, one V. Sreenivasa Reddy, District Fire Officer, Kurnool, submitted a written complaint alleging that the college had obtained recognition certificate from the School Education Department to run the educational institution by submitting a forged no-objection certificate2[Hereinafter “NOC”] purportedly issued by Assistant District Fire Officer, Kurnool. The said complaint was registered as a First Information Report by Nandyal III Town PS in Crime No. 99/2018 on 15.07.2018 under Sections 420, 465, 468, 471 IPC corresponding to CC No. 303/2020 on the file of Judicial Magistrate, Nandyal.
4. On conclusion of investigation, chargesheet was filed under Section 420 I
Cheating and forgery – Mere deception by itself would not constitute cheating unless dishonest inducement is established – Intention is gist of offence.
Non-payment in commercial transactions does not constitute cheating or criminal breach of trust without establishing fraudulent intent.
Criminal process cannot be utilized for any oblique purpose – Court should quash those criminal cases where chances of an ultimate conviction are bleak and no useful purpose is likely to be served by....
(1) Cheating and forgery – While expert opinion is not mandatory, nevertheless when authorship is central to establish guilt of accused and by direct evidence it is not demonstrated to show that alle....
The court upheld the necessity for prima facie evidence when framing charges, emphasizing that mere allegations are insufficient without supporting documentation.
The judgment emphasizes the importance of proving the essential elements of forgery and cheating, highlighting the necessity of establishing the making of a false document and dishonest inducement.
The court held that criminal proceedings should not be misused for civil disputes, emphasizing the need for caution to prevent abuse of process.
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