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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C.DOSHI
Gordhanbhai Mavjibhai Sejalia – Appellant
Versus
State of Gujarat – Respondent
| Table of Content |
|---|
| 1. quashing of fir under section 482 (Para 1) |
| 2. factual background of land transaction and allegations (Para 2 , 3 , 4) |
| 3. arguments from both parties regarding fir validity (Para 5 , 6 , 15) |
| 4. analysis of allegations in fir and contract (Para 7 , 8) |
| 5. distinction between breach of contract and cheating (Para 9 , 10 , 11 , 12) |
| 6. legal standards for quashing fir under inherent jurisdiction (Para 16 , 17 , 18 , 19) |
| 7. conclusion and order to quash the fir (Para 20) |
JUDGMENT :
J.C. DOSHI, J.
1. By way of this application u/s 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ”the Code”), the petitioners have prayed for quashing and setting aside FIR being C.R.No.I – 132 of 2015 registered with Kadodara GIDC Police Station, for the offences punishable under Sections 406 ,420, 114 of the IPC as well as all other consequential proceedings arising out of the aforesaid FIR qua the petitioners herein.
2. Brief facts of the case are as under:-
2.1 The FIR spells that the complainant is a land broker and therefore is indulged in the business of selling and purchasing of different parcels of lands. He was shown the disputed parcel of land in the year 2011 situated
A breach of contract does not constitute a criminal act unless there is fraudulent intent at the transaction's inception, distinguishing civil liabilities from criminal offences of cheating and breac....
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 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.
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