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AJAY KUMAR GUPTA
Kusum Kanoria – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. complaint filed for cheating (Para 1) |
| 2. allegations against petitioner (Para 2 , 3) |
| 3. supply of plywood on credit (Para 4) |
| 4. non-payment of dues (Para 5 , 6) |
| 5. legal notice sent (Para 7 , 9) |
| 6. cognizance taken by magistrate (Para 8) |
| 7. rejection of petition (Para 10) |
| 8. further proceedings fixed (Para 11) |
| 9. erroneous grounds for rejection (Para 12) |
| 10. nature of allegations (Para 13 , 14) |
| 11. dispute is civil in nature (Para 15 , 16 , 17 , 18 , 19) |
| 12. ingredients of offences (Para 20) |
| 13. distinction between offences (Para 21 , 22 , 23 , 24 , 25) |
| 14. ingredients for criminal offences (Para 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35) |
JUDGMENT :
1. This instant Criminal Revisional application under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioner/accused seeking for quashing of the proceeding being C.N.S. No. 1097 of 2021 corresponding to F. No. CNS/481009/2021 (Shree Shyam Ply & Laminates Vs. Kusum Kanoria), for commission of alleged offence under Sections 406/420 of the Indian Penal Code, 1860 and all orders passed therein including orders dated 03.12.2021 and 03.05.2023 now pending before the Court of the Learned 19th Metropolita
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 in a commercial transaction does not constitute criminal breach of trust or cheating unless there is evidence of dishonest intention from the inception.
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....
Fraudulent intent at the inception of a transaction is essential to establish cheating; mere breach of contract does not constitute a criminal offence.
Mere non-payment for goods in a civil transaction cannot constitute cheating or criminal breach of trust under IPC; intent must be proven.
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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