Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C.DOSHI
ArvinJ.C. DOSHIdlal @ Mama Amrutlal – Appellant
Versus
State of Gujarat – Respondent
ORDER :
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. I-90 of 2011 registered with Madhavpura Police Station, Ahmedabad for the offence punishable under Sections 406 , 420 and 114 of the INDIAN PENAL CODE and further proceedings arising thereof.
2. Brief facts of the case are as under;
2.1 The complainant, residing with his mother and operating Shop No. 1/8 at Madhavpura Marketing Yard, filed a complaint alleging that on 14.03.2011, the applicants—who also run a grain wholesale business named Valina Enterprise—visited his shop. Later, on 16.03.2011, applicant No.1 placed an order over the phone for 50 kg sugar, 60 tins of Tirupati oil and 50 tins of live oil, promising to pay upon delivery. The goods were delivered via a Tata 407 vehicle by the complainant, but made excuses to avoid payment. As a result, the complainant filed a formal complaint on 18.03.2011. Following the complaint, an investigation was conducted, and statements were recorded from the complainant, the driver, laborers and the Investigating Officer. A charge sheet was filed on 20.05.2011.
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.
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.
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
