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Sanjay Gulati – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Shri Krishna Kumar Singh, learned counsel for the applicant and learned A.G.A. for the State-respondents and perused the record.
2. By means of the instant application under Section 482 of the Criminal Procedure Code the applicant-Sanjay Gulati S/o. Shri Mahendra Gulati has prayed for quashing of the entire proceedings of Complaint Case No. 419 of 2006 under Section 420, 506 I.P.C. in Police Station Civil Lines, District Moradabad pending in the Court of Civil Judge (Junior Division), Moradabad, Court No. 2.
3. The facts of the case as borne out from the record are that the complainant Kamal Singh, who has been arrayed as the opposite party No. 2 in the application under Section 482 Criminal Procedure Code, filed a complaint dated 23-06-2005 under Section 156 (3) of the Criminal Procedure Code alleging that he had taken a loan from Syndicate Bank for his business of cycles and had submitted a quotation of “Sandeep Traders, Jail Road, Moradabad”. On 30.05.2005 a cheque number 757645 amounting to Rs.30,000/- was issued in the name of Sandeep Traders but Sandeep did not give the goods to the complainant and he said that he will give the same as and when the same will
Point of law : The making of a false representation is one of the essential ingredients to constitute the offence of cheating under Section 420 I.P.C.. In order to bring a case for the offence of che....
The essential elements of cheating under Section 420 IPC require proof of deception, fraudulent inducement to deliver property, and the accused's dishonest intention at the time of the inducement, wh....
A mere breach of contract does not constitute a criminal offense unless there is evidence of fraudulent intent or deception at the inception of the agreement.
A mere breach of contract does not amount to cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction.
The main legal point established in the judgment is that for a case under Section 420 IPC, the element of cheating as required under Section 415 IPC must be present, and the mandatory inquiry under S....
A mere breach of contract does not constitute criminal liability under IPC unless fraudulent intent is established at the time of inducement.
A mere breach of contract does not constitute cheating under criminal law without evidence of fraudulent intent at the time of the contract's formation.
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