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AJAY KUMAR GUPTA
Abhinandan Dyeing Pvt. Ltd. – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
(Ajay Kumar Gupta, J.)
1. Petitioners have filed this Criminal Revisional application under Section 482 of the Code of Criminal Procedure, 1973 praying for setting aside of the Impugned Order dated 26th March, 2018 passed by the Court of the Learned Judge, Bench-I of City Sessions Court at Calcutta in Criminal Revision No. 174 of 2017 thereby affirmed the Order dated 17th April, 2017 passed by the Court of the Learned Metropolitan Magistrate, 3rd Court at Calcutta in connection with Case No. CN-11778 of 2017 under Sections 406/420/120B of the Indian Penal Code, 1860.
2. By the said impugned order dated 17th April, 2017, the Learned Metropolitan Magistrate has taken cognizance under Sections 406/420/120B of the Indian Penal Code, 1860 on the basis of a petition of complaint filed along with affidavit and documents before the Learned Magistrate. The Learned Magistrate, in the said case, examined the complainant as well as another witness under Section 200 of the Code of Criminal Procedure, 1973 and after going through the initial deposition of both witnesses and as per the documents produced by the complainant, a prima facie case was found to be made out against the accused
Non-payment in a commercial transaction does not constitute criminal breach of trust or cheating unless there is evidence of dishonest intention from the inception.
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....
Non-payment of dues does not constitute criminal cheating or breach of trust unless fraudulent intent is established from the inception of the transaction.
Point of law : exercise powers under Section 482 CrPC, the complaint in its entirety shall have to be examined on the basis of the allegation made in the complaint/FIR/charge-sheet and the High Court....
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.
Mere non-payment for goods in a civil transaction cannot constitute cheating or criminal breach of trust under IPC; intent must be proven.
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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