Distinguishing Between Mere Breach of Contract and Cheating

The present appeal arising out of special leave petition is directed against the judgement and order dated 18.10.2019 passed by the High Court of Judicature at Allahabad (hereinafter referred to as “the High Court”) in Application u/s 482, Code of Criminal Procedure, 1908, (hereafter “CrPC)

Also Read: https://newslaw.in/supreme-court/differences-between-parties-and-witnesses-in-a-civil-suit/


The execution of the sale deed was extended from 11.07.2008 to 31.12.2008, by mutual consent, however, on the said date, despite Respondent No 2 herein being present, along with the amount remaining to be paid, the appellant was absent, in spite of having received information about the same.

Single Judge dismissed the application under Section 482, CrPC, not accepting the argument on part of the Appellant, that the present Respondent No 2 had an alternative remedy in the nature of a civil suit for the execution of the sale agreement.

Also Read: https://newslaw.in/supreme-court/high-courts-analysis-on-interference-with-arbitral-awards/

We notice that the agreement to sell had been duly registered at the office Deputy Registrar, 1, Office at Bulandshahr, and the complaint filed by the appellant, purporting that the same was forged, was filed on 11.05.2012, which is, incidentally, the same as the date of the reply to the legal notice sent by Respondent , while deliberating upon the difference between mere breach of contract and the offence of cheating, observed that the distinction depends upon the intention of the accused at the time of the alleged incident. , (2000) 2 SCC 636 : 2000 SCC (Cri) 513] observed that it is the duty and obligation of the criminal court to exercise a great deal of caution in issuing the process, particularly when matters are essentially of civil nature.

This Court has time and again cautioned about converting purely civil disputes into criminal cases.

The Court further observed that : ( Indian Oil Corpn.

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Case [ Indian Oil Corpn.

Interlocutory Applications, if any, are disposed of.


Case Number: Crl.A. No.-001380-001380 / 2023

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