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SANDEEP MOUDGIL
Kulwant Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Sandeep Moudgil, J.
The petitioner seeks quashing of the FIR No.357 dated 28.11.2017 under Sections 420 IPC, registered at Police Station Division A, Police Commissionerate, Amritsar.
2. Learned counsel for the petitioner submits that the complainant advanced friendly loan of an amount of Rs.2,40,000/- on his request to the petitioner and in lieu thereof, the complainant took 3 blank and duly signed cheques as security/guarantee. The petitioner returned an amount of Rs.1 lakh in January, 2017 and assured to return the remaining amount. No cheques were returned by the complainant to the petitioner. Thereafter, the complainant filed 3 complaints under section 138 of the Negotiable Instruments Act against the petitioner. It is further submitted that the complainant, in order to put undue pressure and to resile from the fact of already having received an amount of Rs.1 lakh, filed yet another complaint which culminated into the present FIR No.357 dated 28.11.2017 wherein it has been alleged that the petitioner borrowed an amount of Rs.80,000/- from the complainant and did not return the same.
3. Learned counsel for the petitioner contended that initially at the time of lodging
The intention to cheat is the key element in establishing the offence of cheating under Section 415 of the IPC, and evidence is crucial in determining guilt or innocence.
A loan default does not constitute cheating unless there was fraudulent intention at the inception of the agreement, distinguishing civil disputes from criminal offenses.
Criminal prosecution for cheating requires evidence of fraudulent intent from the inception of the transaction; mere inability to repay a loan does not suffice.
(1) Dishonest inducement is sine qua non to attract provisions of Sections 415 and 420 of IPC.(2) Any effort to settle civil disputes and claims which do not involve any criminal offence, by applying....
A mere inability to repay a loan does not amount to cheating unless there was deception from the inception of the transaction.
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