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IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.JAGADISH CHANDIRA
David K. Pillai – Appellant
Versus
Ashok Kumar – Respondent
| Table of Content |
|---|
| 1. allegations of cheating and termination. (Para 3) |
| 2. arguments related to elements of cheating. (Para 4 , 5 , 8) |
| 3. distinction between criminal breach of trust and cheating. (Para 11 , 12 , 14) |
| 4. outcome of the petition. (Para 16) |
ORDER :
This criminal original petition has been filed to call for the records pertaining to the case in C.C.No.938 of 2025 on the file of the IX Metropolitan Magistrate Court, Saidapet, Chennai, for brevity “the Trial Court” and quash the same.
2. For the sake of clarity, the parties are referred to as per their rank in this criminal original petition.
3. The facts leading to the filing of this criminal original petition could succinctly be stated thus:
3.1 The respondent filed a private complaint against the petitioner alleging that he (respondent) was employed in Kings International Medical Academy run by the petitioner as an Accountant-cum-Manager; the petitioner was imparting medical courses in Philippines and the candidates who were aspiring to practise medicine were assured of practice in allopathic medicine in India; the nature of job of the respondent was to check the travel documents of those students and to follow up with regard to
To establish cheating, intention must exist from the inception of the contract; non-payment allegations alone do not suffice, and charges under Sections 406 and 420 IPC cannot coexist.
The court held that mere breach of contract does not constitute a criminal offence of cheating or criminal breach of trust, emphasizing the necessity of fraudulent intent from inception.
Non-payment in a commercial transaction does not constitute criminal breach of trust or cheating unless there is evidence of dishonest intention from the inception.
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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