CHATTISGARH HIGH COURT
A. K. S. Jain, J
Renuka – Appellant
Versus
Niraj Gupta – Respondent
| Table of Content |
|---|
| 1. factual basis for criminal proceedings. (Para 1 , 2) |
| 2. dispute characterized as civil rather than criminal. (Para 3 , 4) |
| 3. caution against misuse of criminal law for civil disputes. (Para 7 , 14) |
| 4. requirement of intent for cheating in criminal law. (Para 12 , 16) |
| 5. outcome favoring allowance of petition and quashing of fir. (Para 17 , 18) |
1. This petition under Art.226 of the Constitution of India has been filed by the petitioners praying for quashment of FIR lodged against the petitioners by respondent No. 3 as also to restrain respondent No. 2 from effecting arrest of the petitioners.
2. The factual backdrop of event giving rise to this petition are that an agreement to sell in respect of immovable property, being open land, was executed by petitioner No. 1 - Renuka in favour of respondent No. 3 Niraj on 6-7-2002. It is claimed by respondent No. 3 that under that agreement to sell, a total amount of Rs. 89,600/- was paid to petitioner No.1 and a sale deed was to follow. However, the petitioner No. 1 did not execute any sale deed despite special request made by respondent No. 3. A notice was given on 22-5-2004 by Niraj Gupta (respondent No. 3) to Renuka (petition
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