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VENKATA JYOTHIRMAI PRATAPA
Argus Cosmetics Ltd. – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT/ ORDER :
The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C'), has been filed by petitioners/accused Nos.1, 2, 3 and 5, seeking to quash the CC No.1555/2022 on the file of I Additional Metropolitan Magistrate at Vijayawada, Krishna District registered for the offences under Sections 409 , 384, 506 and 420 read with 120-A and 34 of IPC.
2. Heard Sri K.S. Murthy, learned Senior Counsel representing Sri T.V.P. Sai Vihari, learned Counsel for the petitioners, Sri T. Ramesh Babu, learned Counsel representing Sri A. Pandu Ranga Rao, learned Counsel for the respondent No.2 and Ms. Lakshmi Priyanka, learned Assistant Public Prosecutor, representing the State.
3. The brief contents of the complaint which was filed by respondent No.2, are thus :
(b) Just after few months of such agree
Mere breach of contract does not constitute criminal offences without proven fraudulent intent; legal remedies should be pursued in civil courts.
A breach of contract does not constitute cheating unless fraudulent intent is proven at the outset of the agreement, as established in relevant legal precedents.
The court affirmed that criminal proceedings cannot be used as leverage in civil disputes, emphasizing the need for proof of dishonest intent and necessary ingredients for offences claimed. Lack of v....
Fraudulent intent at the inception of a transaction is essential to establish cheating; mere breach of contract does not constitute a criminal offence.
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....
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....
Point of law : In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravity of the off....
The court established that allegations of non-payment in a business context do not automatically constitute criminal offences without evidence of fraudulent intent.
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