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GURBIR SINGH
Harbir Singh – Appellant
Versus
Babu Ram – Respondent
GURBIR SINGH, J.
1. Prayer in this petition under Section 482 Cr.P.C. is for setting aside the order dated 24.02.2011 passed by learned Chief Judicial Magistrate, Jind (Annexure P-2) as well as order dated 12.05.2011 passed by learned Additional Sessions Judge (Annexure P-3) and further prayer that respondents may be ordered to be summoned to face the trial in the criminal complaint No. 52 of 2010 filed by the petitioner.
2. As per the allegations, the accused-respondents Babu Ram and Ram Phal have been running property dealing business. Both agreed to sell 100 square yards land in Gobindpura to the complainant for a sum of Rs.12,500/-. The said plot was owned by Babu Ram. On 05.04.1991 complainant also paid a sum of Rs.3000/- and on 07.06.1991 he paid Rs.5000/- to the accused and the remaining amount of Rs.4500/- was paid on 23.01.1992. However, no sale deed was got registered in favour of the complainant and on 23.01.1992 possession of the plot was handed over to the complainant. In June 2008, when the complainant tried to sell the plot, he discovered that accused had only given a power of attorney in favour of the complainant as the complainant was an illiterate person. Thus, the
Non-execution of sale deed after receiving money does not establish fraudulent intention and may not give rise to criminal liability.
The courts can quash criminal proceedings if there is insufficient evidence to sustain the allegations of fraud.
The absence of specific allegations of deception and intent to defraud against a party in criminal proceedings can lead to the quashing of charges under the Indian Penal Code.
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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