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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C.DOSHI
Gordhanbhai Mavjibhai Sejalia – Appellant
Versus
State of Gujarat – Respondent
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 at moje Antroli village bearing revenue survey no. 25 and 256, block no. 202 admeasuring 14 vighas (in short “the disputed land”) by two brokers namely Amratbhai Bharwad and his son Rajubhai Bharawad.
2.2 Upon inquiring about the title of the land in question the complainant came to know that the same was owned by the present applicant no. 1. And the said person was having the title documents with regard to the same. The complainant did not ask for the 7/12 extracts of the pro
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.
A mere commercial dispute, characterized by lack of initial dishonest intention, cannot constitute criminal offenses of cheating or breach of trust.
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....
Offence of cheating - Quash of criminal complaint - There is no fraudulent or dishonest inducement of a person induced to deliver any property to any person again same is not the case her – Court not....
Failure to honour land sale agreement, with buyer aware of tenancy restrictions and advance returned, does not constitute cheating or criminal breach of trust absent dishonest intention at inception ....
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