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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN
V.Ilangovan, S/o. Late Vajoumouny – Appellant
Versus
Inspector Of Police – Respondent
ORDER :
G.K. ILANTHIRAIYAN, J.
This petition is filed to quash the proceedings in 618 of 2020 on the file of the Judicial Magistrate, Puducherry.
2. The case of the prosecution is that on receipt of the complaint from the second respondent, the first respondent registered the F.I.R in Crime No.01 of 2014 for the offences punishable under sections 406 and 420 of I.P.C read with Section 34 of I.P.C alleging that on 07.08.2008 all the accused with common intention indulged in grabbing the property of the second respondent and prepared a false Power of Attorney as if it was executed by the complainant in favour of the second accused. Thereafter, on the strength of the said Power of Attorney,the second accused executed the sale deed in favour of the first accused with the help of the 3rd and 4th accused. The 3rd accused is the Sub- Register, Pondicherry and the 4th accused is a document writer. It is alleged that the defacto complainant owned the subject property and it was sold for a very meagre amount of Rs.7,20,000/- for which also the sale consideration was not paid to the defacto complainant. Further alleged that A1/petitioner being a Civil Contractor, he was entrusted with the renova
The main legal point established is that the documents furnished by the petitioner, including the decree from the civil court, were of sterling quality and played a crucial role in quashing the charg....
The court can exercise its inherent jurisdiction under Sec. 482 Cr.P.C to quash criminal proceedings if they amount to an abuse of the process of the court or if quashing the proceedings would serve ....
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.
Criminal liability under IPC requires clear evidence of intentional wrongdoing, which was absent; thereby, genuine civil disputes cannot sustain criminal charges.
Filing a criminal complaint after losing in civil litigation can indicate abuse of process, especially when material facts are suppressed.
The intention to cheat must exist at the very inception for a breach of contract to amount to cheating. Giving civil disputes the color of criminal disputes for a relatively fast relief in criminal c....
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