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VENKATA JYOTHIRMAI PRATAPA
Modepalli Srinivasa Rao – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT /COMMON ORDER :
Criminal Petition No.5568 of 2020 under Section 482 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), has been filed by the petitioners/accused Nos.1 and 2, seeking quashment of the proceedings against them in Crime No.216 of 2020 on the file of Amaravati Police Station, Guntur District registered for the offence under Section 420 read with 34 of the INDIAN PENAL CODE 1860 (for short 'IPC').
Criminal Petition No.5569 of 2020 under Section 482 of Cr.P.C., has been filed by the petitioners/accused Nos.1 and 2, seeking quashment of the proceedings against them in Crime No.217 of 2020 on the file of Amaravati Police Station, Guntur District registered for the offence under Section 420 read with 34 of IPC.
Criminal Petition No.5568 of 2020 :
2. The contents of the complaint, in brief, are as follows :
The court established that for an offense of cheating, dishonest intention must be present from the onset; mere allegations without proven intent do not warrant criminal proceedings.
Allegations of cheating must demonstrate a dishonest intention; mere claims without evidence do not satisfy the prima facie standard to continue criminal proceedings.
(1) Dishonest inducement is sine qua non to attract provisions of Sections 415 and 420 of IPC.(2) Any effort to settle civil disputes and claims which do not involve any criminal offence, by applying....
The court emphasized that allegations of fraudulent financial transactions satisfy the essential ingredients for criminal liability under IPC Section 420, and cannot be dismissed as merely civil disp....
Fraudulent intent must be established for criminal liability in financial transactions, distinguishing between civil breaches of contract and criminal offenses like cheating.
The court found that a civil dispute may constitute a criminal offence under S.420 IPC if fraudulent intent is present, and the mere existence of a civil remedy does not warrant quashing criminal pro....
Inherent powers under Section 482 CrPC do not permit quashing proceedings when prima facie evidence of a crime is present, mandating a trial to ascertain truth.
While exercising powers under Section 482 Cr.P.C., Court has a very limited jurisdiction and is required to consider “whether any sufficient material is available to proceed further against accused f....
Criminal liability for cheating requires proof of dishonest intent from inception, distinguishing breach of contract from criminal offence.
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