• Contact Us
  • About
  • Advertise
  • Careers
Saturday, June 28, 2025
Kashmir Dot Com
  • Home
  • Kashmir
  • Jammu
  • World
  • Politics
  • Opinion
  • Business
  • Health
  • Contact Us
  • Login
No Result
View All Result
  • Home
  • Kashmir
  • Jammu
  • World
  • Politics
  • Opinion
  • Business
  • Health
  • Contact Us
No Result
View All Result
Kashmir Dot Com
No Result
View All Result
Home National

Breach of contract can’t qualify for criminal case for cheating: SC

Kashmir Dot Com by Kashmir Dot Com
March 6, 2023
0
Breach of contract can’t qualify for criminal case for cheating: SC
0
SHARES
12
VIEWS
Share on Facebook

The Supreme Court has said a mere breach of contract cannot give rise to criminal prosecution for cheating and dishonest intention has to be shown right at the beginning of the transaction.

A bench of Justices A S Oka and Rajesh Bindal said only the allegation of failure to keep a promise will not be sufficient for initiating criminal proceedings.

“A breach of contract does not give rise to criminal prosecution for cheating unless the fraudulent or dishonest intention is shown right at the beginning of the transaction. Merely on the allegation of failure to keep up promise will not be enough to initiate criminal proceedings,” the bench said.

The court made the observations while setting aside an order of the Punjab and Haryana high court which had refused to quash an FIR against a man under Sections 420 (cheating), 120 B (criminal conspiracy) and 506 (criminal intimidation) of the Indian Penal Code in a case of sale of land.

The top court was hearing a plea filed by Sarabjit Kaur challenging the high court order.

Kaur had entered into an agreement to purchase a plot of land on 27 May 2013 with Malkit Kaur, wife of Surender Singh.

She then entered into an agreement to sell the same land to the wife of Darshan Singh for which she received a sum of Rs 5 lakh and later another Rs 75,000.

After the agreement was not executed, Darshan Singh filed a complaint against property dealers Manmohan Singh and Ranjit Singh.

In the complaint, Darshan Singh made reference to two other transactions entered into by him and sought recovery of Rs 29,39,500 from the property dealers.

The complaint was investigated and in 2016, finally, it was held that the dispute being civil in nature no police action was required.

Darshan Singh made another complaint with the same allegations without disclosing the fate of his earlier complaint and later, an FIR was filed against appellant Sarabjit Kaur, Manmohan Singh and Ranjit Singh.

The top court said from the facts available on record it is evident that Darshan Singh had improved his case ever since the first complaint was filed in which there were no allegations against Sarabjit Kaur.

The apex court said the entire idea seemed to be to convert a civil dispute into a criminal dispute and put pressure on the appellant for returning the amount allegedly paid.

“The criminal Courts are not meant to be used for settling scores or pressurise parties to settle civil disputes. Wherever ingredients of criminal offences are made out, criminal courts have to take cognizance,” it said.

The apex court said the complaint in question on the basis of which FIR was registered was filed nearly three years after the last date fixed for registration of the sale deed.

Allowing the proceedings to continue would be an abuse of the process of the court, it said.

“Hence, in our opinion, the impugned order passed by the High Court deserves to be set aside. The petition filed by the appellant for quashing of FIR is ordered to be allowed,” the bench said. (PTI)

ShareTweetSendSharePinShare
Previous Post

Lt Governor extends Holi Greetings

Next Post

Govt issues guidelines on brand endorsements by social media influencers

Related Posts

PM Modi to inaugurate, lay foundation of projects worth Rs 3,161 cr in J&K on Feb 20

PM Modi Pays Tribute to Narasimha Rao

June 28, 2025
Police rescue two ‘trafficked’ Bangladeshi girls in Jammu

Man kills father over front seat dispute in tempo

June 28, 2025

Properties of Former EPFO Officer attached in Disproportionate Assets case

June 27, 2025

CBI Cracks Down on Global Cyber Extortion Racket; Raids in Mumbai, Ahmedabad, Key Operative Held

June 27, 2025

Shabir Shah Stable, Receiving Treatment: Tihar Jail Authorities

June 27, 2025

Er Rashid to Observe Day-Long Hunger Strike in Tihar Jail: AIP

June 27, 2025
Next Post
Social media giants give free access to J&K Police to track anti-national elements

Govt issues guidelines on brand endorsements by social media influencers

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

ADVERTISEMENT

LATEST NEWS

Notorious Drug Peddler’s Property Worth ₹50 Lakh Seized: Srinagar Police

Anantnag Court Denies Bail to Man Accused of Raping 70-Year-Old Tourist

PM Modi Pays Tribute to Narasimha Rao

TV Actor Shefali Jariwala Of ‘Kaanta Laga’ Fame Dies At 42

Man kills father over front seat dispute in tempo

Properties of Former EPFO Officer attached in Disproportionate Assets case

CBI Cracks Down on Global Cyber Extortion Racket; Raids in Mumbai, Ahmedabad, Key Operative Held

Shabir Shah Stable, Receiving Treatment: Tihar Jail Authorities

Er Rashid to Observe Day-Long Hunger Strike in Tihar Jail: AIP

LG interacts with NCC Cadets at Special National Integration Camp at Srinagar

ADVERTISEMENT

About Us

Kashmir Dot Com (KDC) is J&K's premier News Agency having a vast reach of audience.

Kashmir Dot Com is a News Agency based in Srinagar, J&K that offers syndicated multimedia news feed to plethora of news-bureaus in J&K and beyond. We also provide a range of facilities from foreign and domestic channels to package their reports in Jammu and Kashmir. We cover almost all areas of interest in J&K to viewers including news, entertainment, and life styles, bussiness, sports, human-interest features and social and developmental issues.

KDC can well and truly take pride in the legacy of it's work, and in it's contribution towards the building of a free and fair Press in Jammu and Kashmir.

Category

  • Business
  • Entertainment
  • Health
  • JAMMU
  • Kashmir
  • Lead
  • National
  • Opinion
  • Politics
  • Science
  • Sports
  • Tech
  • Uncategorized
  • World

Company Info

  • Contact Us
  • About
  • Advertise
  • Careers
  • Contact Us
  • About
  • Advertise
  • Careers

© 2020 KDC

No Result
View All Result
  • Home
  • Kashmir
  • Jammu
  • World
  • Politics
  • Opinion
  • Business
  • Health
  • Contact Us

© 2020 KDC

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In