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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N.TUKARAMJI
Venkata Krishna Rao Mannam – Appellant
Versus
State of Telangana – Respondent
ORDER :
1. This Writ Petition is filed with the following relief:
“…to issue a Writ of Certiorari or other appropriate order or direction in the nature of a Writ declaring the Crime No. 686/2015 of P.S. Medchal, Cyberabad , Rangareddy District as arbitrary, discriminatory, without any basis not attracting the offence for which it was registered malafide and violative of Articles 14 and 21 of the Constitution of India and consequently set aside the same in the interest of justice and pass.......”
2. Heard Mr.B.Nalin Kumar, learned senior counsel for the petitioner, Mr.D.Pradeep, learned Assistant Government Pleader for Home appearing for respondent Nos.1 and 2 and Mr.Badra Nanavath, learned counsel representing Mr.Sanjeev Kumar, learned Senior Counsel appearing for respondent No.3.
3.1. Learned counsel for the petitioner contends that the grievance of the de facto complainant is that the petitioner failed to make payment to the farmers who had supplied paddy seeds to the petitioner’s company, M/s. Manisha Agri Bio-Tech Private Limited, Kandlakoya. It is alleged in the complaint that the cheques issued by the petitioner’s company towards payment of the amount due were dishonoured by the
Criminal liability under contract disputes requires proof of dishonest intention from inception; mere breach does not constitute a criminal offence.
The judgment established that not every breach of contract amounts to a criminal offence and emphasized the importance of the presence of deception and dishonesty at the inception of a transaction to....
The main legal point established in the judgment is that every breach of contract does not give rise to an offence of cheating, and the intention to cheat must be present at the very inception. The j....
Point of law : exercise powers under Section 482 CrPC, the complaint in its entirety shall have to be examined on the basis of the allegation made in the complaint/FIR/charge-sheet and the High Court....
Criminal proceedings cannot be initiated for disputes that are purely civil, especially where the essential ingredients of the alleged offences are not met.
Allegations of non-payment do not constitute criminal offences unless there's evidence of dishonest intention or property entrustment.
Inability to repay a loan does not constitute criminal cheating without evidence of fraudulent intent or deception at the transaction's inception.
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