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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M. Nagaprasanna
Prashant Khare, S/o Mr. M.P.Khare – Appellant
Versus
State Of Karnataka By Hennur P.S. – Respondent
| Table of Content |
|---|
| 1. petition challenging crime registration. (Para 1 , 2) |
| 2. complainant's contract details and payment issues. (Para 3 , 4) |
| 3. contentions of the petitioners and respondents. (Para 6 , 7) |
| 4. state's stance on complaint investigation. (Para 8 , 9) |
| 5. detailed examination of the complaint. (Para 10 , 11) |
| 6. dispute resolution through arbitration clause. (Para 12 , 13) |
| 7. assessment of ipc sections 406 and 420. (Para 14 , 15) |
| 8. order permitting investigation under section 406. (Para 16 , 17) |
ORDER :
M. Nagaprasanna, J.
The petitioners/accused Nos. 1 to 5 are before this Court calling in question registration of a crime in Crime No.131 of 2022 for offences punishable under Sections 406 and 420 r/w. 34 of the IPC and pending before the 4th Additional Chief Metropolitan Magistrate, Bengaluru.
2. Heard Sri D.R. Ravishankar, learned senior counsel appearing for petitioners, Sri B.N. Jagadeesha, learned Additional State Public Prosecutor appearing for respondent No.1 and Sri R. Swaroop Anand, learned counsel appearing for respondent No.2.
3. Facts, in brief, germane are as follows: -
The 2nd respondent is the complainant. A complaint comes to be registered on 17-05-2022 alleging that, t
Criminal proceedings cannot be initiated for recovery of money arising from a civil agreement; allegations under IPC Section 420 require proof of fraudulent intent from the contract's inception.
The judgment established that not every breach of contract amounts to a criminal offence and emphasized the importance of the presence of deception and dishonesty at the inception of a transaction to....
Dishonest or fraudulent intention must be present at the inception of a transaction to establish offences of cheating and criminal breach of trust; mere breach of contract does not constitute a crimi....
Fraudulent intent at the inception of a transaction is essential to establish cheating; mere breach of contract does not constitute a criminal offence.
Allegations of dishonest misappropriation and breach of trust in contractual agreements can sustain criminal liability under IPC, irrespective of the civil nature of disputes.
Criminal proceedings cannot be initiated for disputes that are purely civil, especially where the essential ingredients of the alleged offences are not met.
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