Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI, J.
Manishbhai Jalamchand Jain – Appellant
Versus
State Of Gujarat & Anr – Respondent
ORDER :
J. C. DOSHI, J.
1. By this application under Section 482 of the Code of Criminal Procedure (for short “the Code”), the applicant seek quashing of the FIR registered as C.R.No.11210055210303 of 2021 registered with Salabatpura Police Station, Surat for the offence punishable under Sections 406, 420, 120B, 504 and 506(2) of the Indian Penal Code and further proceedings arising thereof.
2. Seeking quashment of FIR, learned advocate Mr.Qureshi for the petitioner submitted that on plain reading of FIR, it fails to disclose any essential ingredient of criminal breach of trust or cheating defined in section 405 and 415 of IPC having punishment defined in section 406 and 420 of IPC. He would submit that FIR on its face value indicates that before two years of lodging FIR, complainant came in contact with other two traders from Hyderabad City and said two traders came in contact with complainant through present applicant who has acted as broker. He would submit that it is pure civil transaction. FIR can be best plaint in civil suit but it is given cloak of criminality. It is further submitted that in absence of any essential ingredient of section 406 and 420 of IPC, civil transaction h
The FIR did not disclose essential ingredients of criminal breach of trust or cheating, reflecting a misuse of police powers to convert a civil dispute into a criminal proceeding.
The mere failure to pay for goods in a commercial transaction does not constitute criminal breach of trust or cheating under IPC without evidence of dishonest intention.
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 court determined that mere breaches of contract do not constitute criminal offences without proof of fraudulent intent, emphasizing that civil disputes should not be converted into criminal compl....
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....
For offences under IPC Sections 420 and 406, mens rea must be established from the inception; mere breach of contract does not constitute a criminal offence without evidence of fraudulent intent.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
