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A. BADHARUDEEN
Mansoor Ali, S/o. Aboobacker – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor, High Court Of Kerala – Respondent
ORDER :
This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, by the petitioners, who are accused in C.C. No.1190/2019 on the files of the Judicial First Class Magistrate Court, Kodungallur, seeking the following relief :
2. Heard the learned counsel for the petitioners as well as the learned Public Prosecutor, in detail. Perused the relevant materials.
3. In this matter, the defacto complainant, who is the Director of M/s Forido Travel and Tourism Pvt. Ltd preferred a private complaint before the Judicial First Class Magistrate Court, Kodungallur, which resulted in registration of Crime No.1139/2019 of Kodungallur Police Station. It is alleged in the pri
Not every breach of contract amounts to breach of trust or cheating, and criminal proceedings should be based on the intention to cheat and defraud, which was not established in this case.
Deception and criminal intent at the inception of a transaction are crucial for establishing the offences of criminal breach of trust and cheating under the Indian Penal Code.
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 absence of dishonest intention at the inception of a transaction is crucial in determining the offences of criminal breach of trust and cheating.
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 main legal point established in the judgment is that every breach of contract does not give rise to an offence of cheating, and the intention to cheat must be present at the very inception. The j....
The main legal point established is that the continuation of a criminal proceeding would amount to an abuse of process of law if there is no allegation of deception or criminal intent at the inceptio....
Mere breach of contract without initial fraudulent intent does not constitute an offence under IPC sections 406 or 420.
A breach of contract does not automatically constitute an offense of cheating or criminal breach of trust unless there is evidence of deception or dishonest intention from the inception of the agreem....
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