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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Raghuveer Singh, S/o Sh. Nayaran Sngh – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
Order :
FARJAND ALI, J.
1. The instant Criminal Misc. Petition has been filed under Section 482 of Cr.P.C. for quashing the FIR bearing No.0013/2023 dated 13.01.2023 registered at Police Station Ganga Shahar, District Bikaner for the offence under Sections 420 , 120-B, 467, 468, 470 of the INDIAN PENAL CODE .
2. The FIR alleges that the petitioners, along with others, had entered into an agreement to sell agricultural land to the complainant. The agreement stipulated that the petitioners would arrange for the sale deed to be executed by the original landowners within a specified time-frame. The complainant had paid an advance amount of Rs.75,00,000/- to the petitioners towards the purchase price. However, despite repeated demands, the petitioners failed to fulfill their obligations under the agreement and refused to return the advance amount. The complainant further alleged that the petitioners had forged documents and cheated him by making false representations.
3. The petitioners contended that the FIR is wholly misconceived and has been lodged with mala fide intentions to harass them. They argued that the dispute is essentially of a civil in nature arising from a failed transaction
Mere breach of contract does not amount to cheating under IPC; dishonest intent must be proven to establish criminal liability.
A breach of contract does not constitute a cognizable offence; criminal prosecution requires evidence of deceitful intent and breach of trust.
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.
Civil disputes may carry elements of criminal offenses; thus, courts must assess if sufficient grounds for criminal liability exist on a case-by-case basis.
Non-payment in commercial transactions does not constitute cheating or criminal breach of trust without establishing fraudulent intent.
Criminal prosecution for breach of contract requires evidence of fraudulent intent from the inception; mere allegations of non-fulfillment do not suffice to establish offences under IPC sections rela....
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