Criminal Procedure Code, 1973, Section 482 – Penal Code, 1860, Section Sections 406, 420 and 506 – Quashing of FIR – Dispute of Civil Nature – Dispute between the parties is only regarding the figure of bicycles assembled and consequently of the amount liable to be paid – Held that this is a civil dispute – The complainant has not been able to establish that the intention to cheat the complainant was there with the appellants right from the beginning – Dispute between the parties relates to a breach of contract – A mere breach of contract, by one of the parties, would not attract prosecution for criminal offence in every case – Every breach of contract would not give rise to the offence of cheating, and it is required to be shown that the accused had fraudulent or dishonest intention at the time of making the promise – Dispute between the parties was not only essentially of a civil nature but in this case the dispute itself stood settled later on – See no criminal element here and consequently the case here is nothing but an abuse of the process -Order of the High Court liable to be set aside – The criminal proceedings arising out of FIR liable to be quashed. (Para 4, 7 and 8)
SUPREME COURT OF INDIA
2024 STPL(Web) 162 SC
[2024 INSC 196]
Naresh Kumar & Anr.Vs. State Of Karnataka & Anr.
Criminal Appeal No. of 2024 (Arising out of Slp (Crl.) No. 1570 of 2021)-Decided on 12-03-2024
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