Back
DEEPAK GUPTA
Surinder Pal Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Deepak Gupta, J. - Prayer in this petition filed under Section 482 Cr.PC is to quash FIR No.75 dated 17.07.2017 registered at Police Station Mehna, District Moga, Punjab under Sections 406 , 420 & 120B IPC.
2. FIR in question (Annexure P4) was lodged on the complaint of Gurpreet Singh (respondent No.3), as per which Nihal Singh (petitioner No.2), the Special Power of Attorney holder of Sarwan Singh, Baldev Singh and Niranjan Singh sons of Sarain Singh, had agreed to sell their land situated in village Talwandi Malian vide an agreement dated 29.04.2013. The said agreement was executed through petitioner No.1 Surinder Pal Singh, who also attested the same. Amount of Rs.10 lakh was transferred in the account of Nihal Singh. It is alleged that later on, another amount of Rs.8 lakh was paid by the complainant from time to time, but despite taking total amount of Rs.18 lakh, neither the sale deed was executed nor the amount was refunded. FIR further reveals that complaint, initially made on 07.06.2016, was sent to Economic Offences Wing, Moga, which recommended the registration of the FIR under Section 420 and 120B IPC. However, opinion of the District Attorney was sought, who
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....
The court ruled that a civil dispute cannot be criminalized without clear evidence of fraudulent intent, leading to the quashing of the FIR.
Breach of contract does not give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of transaction.
Powers under Section 482 Cr.P.C. could be exercised either to prevent abuse of process of any court or otherwise to secure ends of justice.
Existence of fraudulent intention is essential to substantiate cheating; mere non-fulfillment of a civil agreement does not constitute a criminal offense.
The absence of fraudulent intention at the inception of a transaction negates the offence of cheating, and civil disputes should not be converted into criminal prosecutions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
