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IN THE HIGH COURT OF MANIPUR AT IMPHAL
Golmei Gaiphulshillu
SudeepThakore – Appellant
Versus
Coastal Projects Limited – Respondent
JUDGMENT :
Golmei Gaiphulshillu, J.
1. Heard Mr. H. Kenajit, learned counsel appearing for the petitioner and Mr. T. Rajendra, learned sr. counsel appearing for the respondent.
2. The present petition has been filed under section 482 of the Code of Criminal Procedure 1973 for quashing/ setting aside the impugned order dated 06.05.2014 passed by the Ld. Chief Judicial Magistrate, Imphal East, Manipur in connection with a complaint case which is registered as Cril. (C) Case No. 55 of 2014 (cognizance of offences under section 417, 419,420 read with section 34 of the IPC is taken) and further proceedings of the said complaint case with the following prayers;
i. To quash the impugned order dated 06.05.2014 (Annexure-C/5) and further proceedings of the Cril.(C) Case No. 55 of 2014; and
ii. For passing ex-parte interim order for staying the order dated 06.05.2014 of the Ld. Chief Judicial Magistrate, Imphal East, Manipur and to recall the warrant of arrest issued to the petitioner and also to stay the further proceedings of the Cril. (C) Case No. 55 of 2014 before the Hon’ble Chief Judicial Magistrate, Imphal East, Manipur during the pendency of the present petition.
3. According to the learn
Criminal proceedings for cheating require clear evidence of fraudulent intent and misrepresentation; mere breach of contract does not suffice to constitute a criminal offense.
The main legal point established in the judgment is that a criminal complaint lacking merit and based on a civil dispute, as well as a complaint rendered infructuous due to the liquidation of the com....
The central legal point established in the judgment is the requirement of establishing fraudulent or dishonest intention at the beginning of a transaction to constitute the offence of cheating under ....
The court established that criminal proceedings cannot be initiated for mere civil disputes, emphasizing the need for clear evidence of criminal intent.
A civil dispute may contain elements of criminal wrongdoing, and the existence of a civil remedy does not bar the initiation of criminal proceedings if the allegations suggest potential criminal offe....
The main legal point established in the judgment is that for the offence of cheating to be established, the complainant must demonstrate fraudulent or dishonest intentions at the time of making promi....
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