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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
SANJEEV S. KALGAONKAR
Raju – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
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| 1. factual background and allegations (Para 2 , 3) |
ORDER :
SANJEEV S KALGAONKAR, J.
1.This petition under Section 528 of the BNSS, 2023 is filed for quashing the FIR registered at Crime No. 151 /2024 at P.S. Khilchipur, District - Rajgarh for offence punishable under Sections 420 and 406 of IPC alongwith subsequent proceedings.
2. The exposition of facts, in brief, giving rise to the present petition is as under:
A. Kailashchand and other farmers submitted a written complaint to the SHO of Police Station – Khilchipur, District – Rajgarh, alleging fraud and cheating against Raju Soni S/o Mohanbabu Soni and Ravi Soni S/o Mohanbabu Soni, resident of Village – Chhapiheda. It is alleged in the complaint that in the year 2023, Raju Soni and Ravi Soni purchased crops of wheat, Soyabeen, Musturd, Lentil (masoor) and Corn (makka) on credit and promised to pay the amount towards purchase of crops within a month. Raju Soni and Ravi Soni paid the amounts as promised and earned their trust. Raju Soni and Ravi Soni purchased other crops also and paid the amounts. Raju Soni and Ravi Soni had purchased crops of Soyabeen, Musturd and Lentil from farmers between October, 2023 to February
Non-payment in commercial transactions does not constitute cheating or criminal breach of trust without establishing fraudulent intent.
Civil disputes should not be framed as criminal offences when no fraudulent intent is evident, as it constitutes an abuse of legal processes.
The allegations in the FIR do not constitute an offence under IPC Sections 406 and 420, as they lack essential elements of criminal intent, reflecting a civil dispute instead.
The court emphasized the distinction between civil disputes and criminal offences, quashing the FIR due to lack of criminal intent in the allegations.
Civil disputes cannot be cloaked in criminality; allegations of cheating require proof of fraudulent intent at inception of the transaction.
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