Code of Criminal Procedure, 1973; Section 482 – Indian Penal Code, 1860; Sections 415,420 , 406 – A contractual dispute or breach of contract per se should not lead to initiation of a criminal proceeding – The ingredient of ‘cheating’, as defined under Section 415 of the IPC, is existence of a fraudulent or dishonest intention of making initial promise or representation thereof, from the very beginning of the formation of contract. Further, in the absence of the averments made in the complaint petition wherefrom the ingredients of the offence can be found out, the High Court should not hesitate to exercise its jurisdiction under Section 482 of the Cr.P.C – Referred to V.Y. Jose v. State of Gujarat (2009) 3 SCC 78 and Mohammed Ibrahim and Others v. State of Bihar (2009) 8 SCC 751 – Clear distinction between a civil wrong in the form of breach of contract, non-payment of money or disregard to and violation of the contractual terms; and a criminal offence under Sections 420 and 406 of the IPC – Section 482 of the Cr.P.C. saves the inherent power of the High Court, as it serves a salutary purpose viz. a person should not undergo harassment of litigation for a number of years, when no criminal offence is made out. It is one thing to say that a case has been made out for trial and criminal proceedings should not be quashed, but another thing to say that a person must undergo a criminal trial despite the fact that no offence has been made out in the complaint.
Indian Penal Code, 1860; Sections 415,420 , 406 – the same act or transaction cannot result in an offence of cheating and criminal breach of trust simultaneously – For the offence of cheating, dishonest intention must exist at the inception of the transaction, whereas, in case of criminal breach of trust there must exist a relationship between the parties whereby one party entrusts another with the property as per law, albeit dishonest intention comes later.
Police – The police is to investigate the allegations which discloses a criminal act. Police does not have the power and authority to recover money or act as a civil court for recovery of money -Initiation of the criminal process for oblique purposes, is bad in law and amounts to abuse of process of law.
Indian Penal Code, 1860; Sections 415,420 – A criminal offence under Section 420 read with Section 415 of the IPC is not established in the absence of deception by making false and misleading representation, dishonest concealment or any other act or omission, or inducement of the complainant to deliver any property at the time of the contract(s) being entered.