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VENKATA JYOTHIRMAI PRATAPA
Argus Cosmetics Ltd. – Appellant
Versus
State of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. existence of an agreement and complaint details. (Para 1 , 3 , 4) |
| 2. petitioner seeks quash of criminal proceedings based on contract breaches. (Para 2) |
| 3. arguments for quashing based on business relationship. (Para 5 , 6 , 7) |
| 4. nature of transaction does not constitute cheating. (Para 8 , 9 , 10) |
| 5. test for jurisdiction under section 482. (Para 11 , 12 , 13) |
| 6. court's rationale behind quashing criminal proceedings. (Para 14 , 15 , 16) |
| 7. supreme court's principles on criminal versus civil disputes. (Para 20 , 21 , 22) |
| 8. establishing non-criminal nature of breaches and quashing proceedings. (Para 24 , 36) |
| 9. breach of contract versus criminal liability. (Para 34 , 35) |
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 th
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....
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