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M. NAGAPRASANNA
Sourish Bose S/o Indranil Bose – Appellant
Versus
State Of Karnataka By Hennur Police Station Bengaluru City Represented By Learned State Public Prosecutor High Court Of Karnataka Bengaluru – Respondent
ORDER :
M.Nagaprasanna, J.
The petitioners/accused 1 and 2 are knocking at the doors of this Court calling in question proceedings in C.C.No.50666 of 2019 pending before the XI Additional Chief Metropolitan Magistrate, Bengaluru arising out of a crime in Crime No.153 of 2017 registered for offences punishable under Section 420 r/w 34 of the IPC.
2. Heard Sri. Hashmath Pasha, learned senior counsel appearing for the petitioners and Sri B. N. Jagadeesha, learned Additional State Public Prosecutor appearing for respondent No.1.
3. Facts, in brief, germane are as follows:-
The court affirmed that online fraud involving deceptive return practices constitutes cheating under IPC, emphasizing the necessity of a full trial for disputed facts.
Offence of Cheating - Complaint quashed - Under Section 420 of IPC, it must be shown that Complainant parted with his property, acting on a representation, which was false to knowledge of accused; AN....
The court emphasized that allegations of cyber fraud, which involve criminal culpability, cannot be dismissed as mere civil disputes, thereby mandating continuance of criminal proceedings.
Civil disputes should not be framed as criminal offences when no fraudulent intent is evident, as it constitutes an abuse of legal processes.
The court held that distinctions between civil and criminal transactions may not bar criminal proceedings when fraud or wrongdoing is alleged, requiring an investigation into the claims.
The court established that allegations of forgery and cheating can coexist with civil disputes, allowing for criminal proceedings to continue.
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.
A mere breach of contract does not constitute cheating under criminal law without evidence of fraudulent intent at the time of the contract's formation.
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