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AJAY KUMAR GUPTA
Sankar De @ Sankar Dey – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT
1. This application has been filed under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973 by the petitioner seeking quashing of the complaint proceeding being C.S. No. 15180 of 2021 pending before the learned Court of the 19th Metropolitan Magistrate at Calcutta in connection with offences punishable under Sections 406/411/417/418/420/422 of the Indian Penal Code, 1860.
2. Gist of the petitioner’s case is that opposite party no. 2 has initiated a complaint under Section 200 of the Code of Criminal Procedure before the learned Chief Metropolitan Magistrate, Calcutta on the allegation that the petitioner and the opposite party no. 2 had a business relationship since sometimes and the opposite party no. 2 used to supply tea to the petitioner. The petitioner used to pay the outstanding dues amount of any transaction in time by way of liquid cash/cheque. On such good faith and his continuous relationship, the opposite party no. 2/company supplied a huge amount of tea to the petitioner on different invoices as per the specification and order placed by the petitioner but the petitioner failed to pay a total outstanding amount of Rs. 4,99,042/- only. Opposit
A mere breach of contract does not amount to cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction.
The court held that mere non-payment of dues in a commercial transaction does not constitute criminal offences under IPC Sections 406 and 420, emphasizing the distinction between civil and criminal l....
No offence under Sections 406/420 IPC without deception at transaction inception or entrustment with dishonest misappropriation; business account disputes civil, not criminal; proceedings quashed und....
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....
Fraudulent intent at the inception of a transaction is essential to establish cheating; mere breach of contract does not constitute a criminal offence.
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