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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Nensi Bhai S/o Shri Laddha Shah – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
FARJAND ALI, J.
1. By way of filing the instant criminal miscellaneous petition, challenge is made to the very lodging of the FIR No.80/2014 of Police Station, Merta City, District Nagaur for the offence under Sections 406, 420 and 120-B of the Indian Penal Code, 1860 (“IPC”).
2. Briefly stating the facts of the case are that the complainant, respondent no. 2, submitted a report alleging that his brother, engaged in the sale and mining of China Clay under the firm “Vasudeo Minerals and Chemicals,” supplied China Clay to the petitioners. The petitioners, who are directors of “Euro Ceramics Ltd.” situated in Bhachau, Gujarat, contacted the complainant for the supply of China Clay for manufacturing ceramic tiles. An oral agreement was executed in October 2012 at the complainant’s office in Jodhpur Chowki, Merta City, wherein it was decided to supply China Clay at Rs. 635 per ton with a transportation fare of Rs. 1200 per ton through “M/s. Adarsh Transport Company.” The petitioners paid an advance of Rs. 4,50,000 and assured payment upon receipt of the goods. The complainant continuously supplied China Clay, and due to price escalation, the rate was later increased to Rs. 675 per
The court held that allegations of criminal breach of trust and cheating were not substantiated, as the dispute was of a civil nature, justifying the quashing of the FIR.
The allegations in the FIR do not constitute an offence under IPC Sections 406 and 420, as they lack essential elements of criminal intent, reflecting a civil dispute instead.
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 judgment established that not every breach of contract amounts to a criminal offence and emphasized the importance of the presence of deception and dishonesty at the inception of a transaction to....
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.
Fraudulent intent at the inception of a transaction is essential to establish cheating; mere breach of contract does not constitute a criminal offence.
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