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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL
Manmohan Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
SUMEET GOEL, J.
1. The present petition has been filed under Section 528 of BNSS , 2023 for quashing of FIR No.430 dated 16.10.2017 under Sections 420 , 120-B and 506 of IPC registered at Police Station Sadar Jagraon, District Ludhiana and all consequential proceedings arising therefrom.
2. Shorn of non-essential details, the relevant factual matrix of the lis in hand as detailed in the FIR is that the impugned FIR was registered based on the complaint made by Darshan Singh, son of Jangir Singh, resident of House No.862, Mohalla Ramdass Pura, Jagraon, District Ludhiana, a retired Army personnel. He alleged that accused persons namely Ranjit Singh and Manmohan Singh (petitioner herein), who are property dealers, approached him with a proposal to purchase a one kanal property situated at village Leelan, Tehsil Jagraon, District Ludhiana. The said accused claimed that the property was under an agreement to sell in favour of one Sarabjit Kaur (co-accused). Believing this, the complainant was introduced to said Sarabjit Kaur by the said property dealers. All the accused persons, acting in connivance and conspiracy, induced the complainant to purchase the said property. Conseque
An attesting witness lacks the necessary intent or involvement in a fraudulent scheme, thus, mere attestation does not warrant criminal liability under sections 420, 120-B, and 506 IPC.
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....
Fraudulent inducement and subsequent sale of the property constituted cognizable offences.
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.
Criminal proceedings cannot be used as a shortcut for civil disputes, especially when no substantial evidence of a crime exists.
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