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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
G. Haneef – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
RAKESH KAINTHLA, J.
The petitioner has filed the present petition for quashing of FIR No. 64 of 2023, dated 31.3.2023, registered at Police Station Theog, District Shimla, H.P., for the commission of an offence punishable under Section 420 of the Indian Penal Code (IPC).
2. Briefly stated, the facts giving rise to the present petition are that the respondent No.3/informant was running a business of sale and purchase of apples at Parala, Sabji Mandi, Tehsil Theog. SFC Karnatka, PSP Puducherry, FF Shaik Sadik Tirupati, YNC Noshad (V) Warangal and EFC Najmal Kerala had purchased apples from him, but had not paid him the money. They cheated the informant and deprived him of an amount of Rs. 2,54,83,017/-. Hence, the informant filed a complaint before the police, praying that an action be taken against the merchants as per the law. The police registered the FIR and investigated the matter.
3. Being aggrieved by the registration of the FIR, the accused/petitioner has filed the present petition seeking the quashing of the FIR. It has been asserted that the contents of the FIR do not satisfy the requirement Section 420 of the IPC. There was a delay in reporting the matter to the pol
Mere non-payment in business supply transaction does not constitute cheating under IPC Section 420 absent proof of dishonest inducement at inception; such civil disputes warrant FIR quashing to preve....
Mere breach of contract does not constitute cheating unless fraudulent intention is established from the outset, as per Section 420 IPC.
The main legal point established in the judgment is that if the contents of the FIR disclose commission of any offence, the same cannot be quashed under Section 482 Cr.P.C.
Power under Section 156(3) warrants application of judicial mind. A court of law is involved. It is not the police taking steps at the stage of Section 154 of the Code.
The court reiterated that a mere breach of contract does not constitute a criminal offence unless fraudulent or dishonest intention is established, quashing the FIR due to lack of supporting evidence....
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