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DIPANKAR DATTA, MANMOHAN
Punit Beriwala – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT :
MANMOHAN, J
1. The present appeal has been filed challenging the judgment dated 17th October 2022 passed by the learned Single Judge, Delhi High Court in Crl.M.C. 4189/2022 (“impugned judgment”), whereby the petition under Section 482 of Criminal Procedure Code (“Cr.P.C.”) filed by the Respondent Nos. 2 and 3 herein, was allowed and the First Information Report (“FIR”) No. 94/2022 registered at Police Station Economic Offences Wing, Mandir Marg, New Delhi (“subject FIR” or “FIR”) for offences punishable under Section 467/468/471/420/120B of the Indian Penal Code (“IPC”), was quashed against Vikramjit Singh and Maheep Singh (Respondent Nos. 2 and 3).
2. The issue which arises for consideration in the present appeal is whether the learned Single Judge, Delhi High Court, was justified in quashing the subject FIR against Vikramjit Singh and Maheep Singh (Respondent Nos. 2 and 3) and whether a cognizable offence against them is prima facie made out from a reading of the subject complaint?
3. The relevant facts of the present case are as under:
3.1. It is the case of the Appellant that a Receipt-cum- Agreement to Sell dated 12th April, 2004 (“Agreement to Sell”) was executed by Bha
(1) Forgery, cheating and conspiracy – Mere institution of civil proceedings is not a ground for quashing FIR or to hold that dispute is merely a civil dispute – Extraordinary and inherent powers of ....
A mere breach of contract does not preclude a finding of criminal cheating; fraud must be established at the agreement's inception.
The court emphasized that speculative allegations without substantial evidence cannot sustain criminal proceedings, and individuals possess the right to manage their property affairs without undue in....
The intention to cheat must exist at the very inception for a breach of contract to amount to cheating. Giving civil disputes the color of criminal disputes for a relatively fast relief in criminal c....
Point of Law : Offence of Cheating - Inherit Powers of High Court - Extraordinary and inherent power of this Court under Section 482 of Cr.P.C., do not tilt in favour of the petitioners to pass an or....
Civil disputes can involve criminal elements; thus, the existence of a civil remedy does not automatically justify quashing a criminal FIR.
The main legal point established in the judgment is that the failure to fulfill contractual obligations can constitute cheating under Section 415 IPC if it causes harm to the other party.
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