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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Balbir Singh – Appellant
Versus
Raj Kumar – Respondent
| Table of Content |
|---|
| 1. fir application dismissed as civil dispute (Para 1 , 2 , 3) |
| 2. misadjustment of payments constitutes cheating, breach of trust (Para 4 , 5) |
| 3. cheating and criminal breach of trust cannot coexist (Para 6 , 7 , 8 , 9) |
| 4. loan account discrepancies purely civil dispute (Para 10 , 11) |
| 5. criminal process misuse for civil recovery deprecated (Para 12 , 13) |
| 6. no offence made out; revision dismissed (Para 14 , 15 , 16) |
The present revision is directed against the order dated 15.10.2025, passed by learned Additional Chief Judicial Magistrate, Court No.1, Solan, HP (learned Trial Court), vide which the complaint filed by the petitioner (applicant before the learned Trial Court) under Section 175(3) of Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS) was dismissed. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)
2. Briefly stated, the facts giving rise to the present petition are that the applicant filed an application before the learned Trial Court for issuing a direction to the Station House Officer, Police Station, Sadar, Solan, HP, to register the FIR against the ac
Loan account adjustment disputes are civil, not criminal under cheating or breach of trust; requires dishonest intent from inception or entrustment, absent here; cannot invoke criminal process for ci....
A breach of contract does not constitute cheating unless fraudulent intent is proven at the outset of the agreement, as established in relevant legal precedents.
The High Court established that criminal proceedings cannot be pursued for matters fundamentally rooted in civil disputes, reinforcing the principle against abusing the legal system.
Criminal proceedings cannot be initiated for disputes that are purely civil, especially where the essential ingredients of the alleged offences are not met.
Non-payment of dues does not constitute criminal cheating or breach of trust unless fraudulent intent is established from the inception of the transaction.
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....
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