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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HASMUKH D.SUTHAR
Heenaben - D/o Ghanshyambhai Thakkar – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
HASMUKH D. SUTHAR, J.
1) By way of this petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”), the applicants have prayed to quash and set aside the FIR being C.R.No.11196041240421 of 2024 registered with Akota Police Station, Vadodara, for the offence under Sections 406 and 120(b) of INDIAN PENAL CODE , 1860 and other proceedings arising therefrom qua them.
2) The accused No.1 - Atonu Datta and present petitioner - Heen Thakkar, in collusion with each other, hatched a conspiracy with the intent to commit financial embezzlement and cheating. During his tenure at the complainant company, Atonu Datta used the name of the complainant company's unit - Alceon, to establish two companies under the names “Alceon Meditech” and “Design Logic.” The accused misled the customers of the complainant company and diverted payments that were due to the complainant from client companies into the bank accounts of his own companies and other personal accounts, totaling an amount of Rs.1,33,69,750.82/-. Furthermore, by misusing the official email ID and laptop provided by the complainant company to the petitioner, the accused carried out a tech
The distinction between civil liability and criminal liability is critical; in cases involving mens rea and actions constituting conspiracy or fraud, criminal prosecution is warranted despite the pot....
Deception and criminal intent at the inception of a transaction are crucial for establishing the offences of criminal breach of trust and cheating under the Indian Penal Code.
The main legal point established is that the continuation of a criminal proceeding would amount to an abuse of process of law if there is no allegation of deception or criminal intent at the inceptio....
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.
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.
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