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IN THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL
KAUSHIK GOSWAMI
Mustt Tara Banu W/o- Yusuf Ali Miya – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
KAUSHIK GOSWAMI, J.
Heard Mr. D. Choudhury, learned Counsel for the petitioner. Also heard Ms. S. H. Borah, learned Additional Public Prosecutor for the State respondent and Mr. K. Sarma, learned Counsel for respondent No.2.
2. By way of this application under Section 482, read with Section 401 of the Code of Criminal Procedure, 1973, (hereinafter referred to as “Cr.P.C.”) the petitioner is seeking setting aside and quashing of the impugned order dated 28.01.2013 passed by the learned Judicial Magistrate, First Class, Bongaigaon in G.R. Case No. 597/2012, whereby charges under Section 406/420/34 of Indian Penal Code (hereinafter referred to as “IPC”) were framed against the petitioners.
3. The facts of the case is that the petitioner No.1 being the owner and possessor of the land in question, had entered into an agreement for sale for Rs. 8,00,000/- (rupees eight lakhs) only with the respondent No.2 and pursuant to the aforesaid agreement to sale, the respondent No.2 paid an amount of Rs. 30,000/- (rupees thirty thousand) only and Rs. 1,50,000/-, (rupees one lakh fifty thousand) only totaling to Rs. 1,80,000/- (one lakh eighty thousand) only as earnest money. It is the s
A mere breach of contract does not amount to a criminal offence unless fraudulent intent is established from the outset.
The court found that a civil dispute may constitute a criminal offence under S.420 IPC if fraudulent intent is present, and the mere existence of a civil remedy does not warrant quashing criminal pro....
A mere breach of contract does not constitute criminal cheating unless fraudulent intent is established at the outset of the transaction.
The court ruled that a civil dispute cannot be criminalized without clear evidence of fraudulent intent, leading to the quashing of the FIR.
The absence of fraudulent intention at the inception of a transaction negates the offence of cheating, and civil disputes should not be converted into criminal prosecutions.
The central legal point established in the judgment is the requirement of establishing fraudulent or dishonest intention at the beginning of a transaction to constitute the offence of cheating under ....
The central legal point established in the judgment is that for an act to constitute an offence under Section 420 of the Penal Code, there must be fraudulent or dishonest inducement, and the absence ....
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