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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
Shiv-Van Oil & Gas Exploration Services Ltd – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
KAUSHIK GOSWAMI, J.
Heard Mr. R. B. Phookan, learned Counsel appearing for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent. None appears for the respondent No.2/complainant on call despite the name of the learned Counsel for the respondent No.2 being reflected in the Cause list.
2. This application is filed under Section 482, read with Section 397 and 401 of the Criminal Procedure Code, 1973 seeking quashing of the FIR registered as Moranhat P.S. Case No. 128/2014 dated 06.10.2014 under Sections 420/406 of the Indian Penal Code (hereinafter referred to as “IPC”) pending before the Officer-in-charge of Moranhat Police Station, Sivasagar.
3. The brief facts of the case are that the private respondent Nos.2, 3 and 4 filed an FIR on 30.09.2014 before the jurisdictional Police Station alleging inter alia that the petitioner No.1 has outstanding dues amounting several crores of rupees to the respondents in respect of works executed by them pertaining to Drilling Rigs 29, 30, 31 and 50 of the Oil and Natural Gas Company (hereinafter referred to as “ONGC”) under the Principal contractor i.e. petitioner No.1. It is further al
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 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 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....
The main legal point established in the judgment is the distinction between breach of contract and cheating, emphasizing the need for fraudulent and dishonest intention for the offense of cheating to....
Essential elements for criminal breach of trust include entrustment and dishonest intention; mere breach of contract does not establish criminal culpability.
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