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THE HIGH COURT OF KARNATAKA
M.I.ARUN
M/S UMRAH DEVELOPERS – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
| Table of Content |
|---|
| 1. background of financial dispute leading to fir. (Para 1 , 2) |
| 2. arguments on mutual exclusivity of charges. (Para 3 , 11) |
| 3. judicial observations and definitions of ipc sections. (Para 4 , 12 , 18) |
| 4. definitions of criminal breach and cheating. (Para 13 , 14 , 15) |
| 5. (Para 16 , 17 , 19 , 20 , 21 , 22) |
ORDER :
M.I.ARUN, J.
There were certain financial transactions between the petitioner and respondent no.2. There were disputes between the parties. It resulted in respondent no.2 filing a complaint dated 06.04.2019 with respondent no.1-Police against the petitioner herein. It resulted in an FIR being registered against the petitioner in Crime No.73/2019. The same was challenged before this Court in Crl.P.No.4736/2019 by the petitioner. However, the same was dismissed, reserving liberty to the petitioner to challenge the charge sheet as and when filed. The petitioner challenged the decision passed in Crl.P.No.4736/2019 before the Apex Court which came to be withdrawn.
2. After investigation, respondent no.1-Police have filed a police report which has resulted in C.C.No.10899/2023 being registered against the petitioner on the file of IV Additional Chief Metropolitan Magis
Charges of criminal breach of trust and cheating can coexist in separate transactions, but not for a single act or transaction which is mutually exclusive.
The court held that mere breach of contract does not constitute a criminal offence of cheating or criminal breach of trust, emphasizing the necessity of fraudulent intent from inception.
The distinction between civil breaches and concurrent criminal liabilities requires investigation to determine the presence of fraudulent intention.
Offence of cheating - Quash of criminal complaint - There is no fraudulent or dishonest inducement of a person induced to deliver any property to any person again same is not the case her – Court not....
A mere commercial dispute, characterized by lack of initial dishonest intention, cannot constitute criminal offenses of cheating or breach of trust.
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