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V. SRINIVAS
G. Nagaraja Reddy – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT :
V. SRINIVAS, J.
1. Assailing the judgment dated 13.06.2007 in Crl. Appeal No. 29 of 2006 on the file of the Court of learned V Additional Sessions Judge, Tirupati, confirming the conviction and sentence passed against the accused by the judgment dated 01.02.2006 in C.C. No. 469 of 2003 on the file of the Court of learned II Additional Judicial Magistrate of First Class, Tirupati, for the offences under section 420 of Indian Penal Code (hereinafter referred to as “IPC”) the petitioner/accused filed the present criminal revision case under Section 397 r/w. 401 of the Criminal Procedure Code, 1973.
2. The revision case was admitted on 18.06.2007 and the sentence of imprisonment imposed against the petitioner was suspended, vide orders in Crl. R.C.M.P. No. 1151 of 2007.
3. The shorn of prosecution case is that:
(ii) Similarly on 25.04.1991, accused also borrowed a sum of Rs.50,000/- from PW-2 and LW-3 C. Sridhar by promising them to repay the said amount w
To establish cheating under IPC Section 420, there must be evidence of fraudulent intent at the time of the transaction, not merely a subsequent failure to fulfill contractual obligations.
Distinction between mere breach of contract and cheating and held that breach of contract could not give rise to criminal prosecution for cheating, but fraudulent or dishonest intention is the basis ....
A mere breach of contract does not constitute an offence of cheating under IPC; deception and fraudulent intention must be proven.
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