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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, M.JOTHIRAMAN
P.Gowshika Boopathy – Appellant
Versus
State Rep by Inspector of Police – Respondent
| Table of Content |
|---|
| 1. misuse of power of attorney. (Para 4 , 5) |
| 2. arguments on delay in filing. (Para 6) |
| 3. defense argues the case involves civil nature and delays are significant. (Para 7) |
| 4. lack of accountability and alleged fraud. (Para 8) |
| 5. nature of dispute as civil. (Para 9 , 10 , 15 , 17 , 21) |
| 6. conditions for quashing fir. (Para 12 , 22) |
ORDER :
M. JOTHIRAMAN, J.
This petition has been filed seeking to call for the records pertaining to the CC.No.84 of 2019 on the file of the Judicial Magistrate, Tambaram at Poonamallee and quash the same.
2. Originally, this petition was listed before the single bench its vide order dated 10.08.2023, observed that “by order dated 30.06.2023, the learned Division Bench ordered to place this matter before the Hon'ble the Chief Justice. In view of the above, the Registry is directed to place the matter before the Hon'ble the Chief Justice.”
2(i). It is pertinent to mention that Crl.OP.No.14658 of 2023 has been filed to call for the records connected with CC.No.20 of 2016 on the file of the Principal Sessions Judge, Special Court for PMLA Cases, Chennai and quash the same.
2(iii). As ordered by the then Hon'ble Chief Justice, vide office note Order dat
Criminal liability under IPC requires clear evidence of intentional wrongdoing, which was absent; thereby, genuine civil disputes cannot sustain criminal charges.
Mere breach of contract cannot constitute cheating or criminal breach of trust without evidence of fraudulent intent; suppression of material facts by the complainant invalidates the proceedings.
Offence of cheating - Quash of criminal complaint - There is no fraudulent or dishonest inducement of a person induced to deliver any property to any person again same is not the case her – Court not....
Criminal proceedings should not be used to settle civil disputes, and the sale of properties covered by a power of attorney does not necessarily constitute criminal breach of trust or cheating.
The main legal point established in the judgment is that the failure to fulfill contractual obligations can constitute cheating under Section 415 IPC if it causes harm to the other party.
The distinction between civil disputes and criminal offences is crucial, with criminal liability requiring proof of dishonest intention from the outset, which was not established in this case.
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