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IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.JAGADISH CHANDIRA
Sundar – Appellant
Versus
State represented by The Inspector of Police – Respondent
ORDER :
A.D. Jagadish Chandira, J.
This criminal original petition seeks quashment of the First Information Report in Cr.No.13 of 2025 dated 11.04.2025 on the file of the first respondent police.
2. Given the facts obtaining in this case, it becomes imperative for this Court to deal with the case of the prosecution a little threadbare and the same is accordingly given as under:
2.1 The second respondent/de facto complainant (Amraram) entered into a sale agreement on 26.10.2017 with the first accused (Krishnamurthy) in respect of the property measuring 58 cents in S.No.20/2A1 in Navalur Village for a total consideration of Rs.7,31,09,000/- which was paid by him in several instalments in the form of cheques and cash.
2.2 While so, the second respondent/de facto complainant came to know about the title dispute between the first accused and one Manoharan, the second accused herein, with regard to the property in question.
2.3 When things stood thus, the first accused approached one Sundar, Proprietor of Bhoomi Builders (fourth accused/petitioner herein), who, joining hands with the first and second accused and also the Sub Registrar, Thiruporur (fifth accused), created a document giving join
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.
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....
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.
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