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RITU BAHRI, MANISHA BATRA
Kamlesh Rani – Appellant
Versus
Vijay Munjal – Respondent
JUDGMENT
Manisha Batra, J.
CRM-17798-2019
This is an application for condonation of delay of 29 days in filing the application for seeking leave to file the appeal.
For the reasons mentioned in the application, the same is allowed and the delay of 29 days in filing the application for seeking leave to file the appeal is condoned.
CRM-17799-2019
The application is allowed, as prayed for subject to just exceptions.
CRM-A-991-2019
The applicant Smt. Kamlesh Rani who was complainant before the Court of Sub Divisional Judicial Magistrate, Dabwali, had filed Criminal Complaint No.56-1 of 2014 titled Kamlesh Rani v. Vijay Munjal and another alleging therein that the respondents named therein had hatched a criminal conspiracy against her and had committed offences of cheating and forgery and that the respondents No.1 and 2 had also committed offences punishable under Sections 504 and 506 of IPC against her. The trial ended in the acquittal of the present respondents who only had been summoned as accused and the applicant-complainant then filed the instant application for grant of leave to file appeal against the judgment dated 29.01.2019 passed by learned trial Court.
2. The brief facts of
Civil disputes should not be framed as criminal offences when no fraudulent intent is evident, as it constitutes an abuse of legal processes.
Non-payment in commercial transactions does not constitute cheating or criminal breach of trust without establishing fraudulent intent.
It is well settled that in order to constitute an offence of cheating, it must be shown that the accused had fraudulent or dishonest intention at the time of making the representation or promise and ....
Term “criminal conspiracy” is defined under Section 120A of the IPC as to mean when two or more persons agree to do, or cause to be done, an illegal act, or an act with is not illegal by illegal mean....
An appellate court cannot overturn an acquittal unless the trial court's decision is unreasonable or not based on evidence, respecting the presumption of innocence.
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