K. NATARAJAN
Mamatha – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
1. This petition is filed by accused No.4 under Sec. 482 of Cr.P.C., for quashing the FIR in Crime No.46/2021 registered by Mahadevapura Police Station for the offences punishable under Ss. 406, 420 read with Sec. 34 of IPC.
2. Heard the arguments of learned counsel for the petitioner, learned High Court Government Pleader for the respondent No.1-State and learned senior counsel for respondent No.2.
3. The case of the petitioner is that on the complaint of respondent No.2-Ravi Reddy, the Police registered a case on 11/2/2021 alleging that he has run the company in the name of Classic Engineering Industries and it has been sold down. In the year 2005, accused No.1-Shivaraj became friend and he has approached the complainant for financial help. Accordingly on 11/3/2016, the complainant had paid Rs.11.00 lakhs by cash and also Rs.15.00 lakhs by way of cheque in the name of wife of this petitioner, thereafter, the accused received cash on 18/3/2017, 10/4/2017, 12/6/2017, 30/6/2017, 1/10/2017, 12/10/2017 and 8/12/2017 and totally Rs.1,45,85,000.00 from the complainant and did not repaid. He has paid Rs.15.00 lakhs to the complainant and due for Rs.1,30,85,000.00. Subsequently, a
The main legal point established in the judgment is that the FIR cannot be quashed solely based on the absence of detailed allegations against the petitioner, and the petitioner's involvement needed ....
The court held that misrepresentation in a land sale transaction constituted cheating under Section 318(4) of BNS, and the FIR could not be quashed as it disclosed a cognizable offence.
A mere breach of contract does not preclude a finding of criminal cheating; fraud must be established at the agreement's inception.
Existence of fraudulent intention is essential to substantiate cheating; mere non-fulfillment of a civil agreement does not constitute a criminal offense.
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