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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C.DOSHI
Zee Entertainment Enterprises Ltd – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. background of fraudulent share ownership (Para 2 , 3) |
| 2. petitioner's arguments regarding civil nature of dispute (Para 4) |
| 3. respondent's defense asserting criminality (Para 5) |
| 4. court's reasoning on breach of contract vs. criminal allegations (Para 7 , 10 , 11) |
| 5. clarification of legal standards for criminal breach and cheating (Para 12 , 13) |
| 6. conclusion granting relief by quashing criminal case (Para 14 , 15) |
ORDER :
J. C. DOSHI, J.
1. Heard learned advocate Mr. Aadit R. Sanjanwala for the petitioner, learned advocate Mr. Dipan Desai for respondent No.2, and the learned APP for the respondent–State.
2. By way of the present petition, petitioners have prayed for the following reliefs:-
“a) YOUR LORDSHIPS may be pleased to exercise the powers under Section 482 of Code of Criminal Procedure, 1973 and thereby be pleased to quash Private Criminal Case No.1 of 2013 filed by the Respondent No.2 before the learned Metropolitan Magistrate, Court No.2, Ahmedabad (Annexure A to the present petition) as well as the order dated 1.2.2013 passed by the learned Metropolitan Magistrate, Court No.2, Ahmedabad directing inquiry under Section 202 of the Code of Criminal Procedure, 19
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....
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 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 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.
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