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R. HEMALATHA
Geetha – Appellant
Versus
State Represented by Inspector of Police, District Crime Branch, Thoothukudi – Respondent
ORDER :
R. Hemalatha, J.
[PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, to call for the records pertaining to the case in C.C.No.145 of 2020 on the file of the Judicial Magistrate Court No.IV, Thoothukudi and quash the same.]
Seeking to quash the final report in C.C.No.145 of 2020 on the file of the Judicial Magistrate Court No.IV, Thoothukudi, the present Criminal Original Petition is filed.
2. The case of the prosecution in a nutshell is as follows :
Mere breach of contract does not amount to cheating or criminal breach of trust unless there is clear evidence of fraudulent or dishonest intention at the time 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....
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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