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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Krishan Kumar – Appellant
Versus
Tulsi Devi – Respondent
JUDGMENT :
Harpreet Singh Brar J. (Oral)
The petitioner has approached this Court by filing present petition under Section 482 of the Code of Criminal Procedure seeking quashing of the impugned order dated 09.10.2018 (Annexure P-4) passed by learned Additional Sessions Judge, Narnaul vide which the order dated 15.09.2016 (Annexure P-2) passed by learned Judicial Magistrate Ist Class, Narnaul while directing the same to restore the case and pass a summoning order.FACTUAL MATRIX
2. The facts, in brief, are that allegedly, petitioner no.1 acting as the General Power of Attorney of petitioner no.2 (owner in possession), executed an agreement to sell on 24.12.2014 qua land measuring 18 marlas for a sale consideration of Rs. 6,37,500/-. Out of the aforesaid amount, Rs. 4,96,000/- was paid by the respondent as earnest money to petitioner no.1 and 2 and the balance amount of Rs. 1,41,500/- was agreed to be paid on the date of execution of the aforesaid sale deed, i.e., 24.12.2105. When on 24.12.2015 the respondent requested petitioner no.1 and 2 to execute the agreement to sell dated 24.12.2014, the petitioner no.1 and 2 assured that they would be present at the office of the Sub-Registrar b
The central legal point established in the judgment is that for an act to constitute an offence under Section 420 of the Penal Code, there must be fraudulent or dishonest inducement, and the absence ....
A mere breach of contract does not amount to a criminal offence unless fraudulent intent is established from the outset.
The court found that a civil dispute may constitute a criminal offence under S.420 IPC if fraudulent intent is present, and the mere existence of a civil remedy does not warrant quashing criminal pro....
Criminal proceedings cannot proceed where allegations only constitute a civil dispute without intent to cheat.
The central legal point established in the judgment is that the offence of cheating requires the establishment of deceitful intention and mens rea of the accused, and a deliberate intention to cause ....
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