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IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.JAGADISH CHANDIRA
Sudha – Appellant
Versus
State Rep by, The Inspector of Police – Respondent
ORDER :
A.D.JAGADISH CHANDIRA, J.
1. This petition has been filed seeking to quash the First Information Report dated 09.05.2025 in Crime No.166 of 2025 on the file of the 1st respondent for the offences punishable under Sections 406, 420 and 506(I) of IPC.
2. The case of the prosecution is that the de facto complainant became acquainted with the first petitioner through their respective children who were studying at SBOA School. Owing to such acquaintance, the first petitioner, along with the second petitioner, who is the mother of the first petitioner, used to visit the house of the de facto complainant and thus their relationship developed as family friendship. It is alleged that during the period from 02.06.2015 to 09.08.2018, the first and second accused received a total sum of Rs.43,50,000/- from the de facto complainant towards renovation of their house and for other miscellaneous purposes. Subsequently, when the de facto complainant had gone to London, the first petitioner is stated to have contacted her over phone and, during the period from 26.10.2018 to 13.11.2018, received a further sum of Rs.7,50,000/-. While in London, upon the request of the first petitioner, the de fac
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.
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.
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....
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.
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