Mere Breach Of Land Sale Contract Not Enough To Prosecute For Cheating Without 'Dishonest Intention' While Making Promise: Gauhati HC
1 week, 2 days ago

Mere Breach Of Land Sale Contract Not Enough To Prosecute For Cheating Without 'Dishonest Intention' While Making Promise: Gauhati HC

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The Gauhati High Court recently quashed an order taking cognizance of a cheating case for alleged breach of contract for sale of land, noting that there was no misappropriation or fraudulent or dishonest intention at the beginning of the transaction. In doing so the court underscored that mere breach of contract is not enough to prosecute for cheating unless dishonest intention while making the promise is shown. Justice Kaushik Goswami observed: “…mere breach of contract cannot give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction. To hold the person guilt of cheating, it is necessary to show that he had fraudulent or dishonest intention at the time of making promise.” The Court was hearing a petition seeking quashing of a Magistrate Court order taking cognizance of the offences under Sections 420 and 406 of IPC against the accused-petitioner as well as quashing of the whole proceeding in the case.

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History of this topic

Mere Breach Of Contract Cannot Constitute Cheating Unless Dishonest Intention Is Shown At Beginning Of Transaction: Delhi High Court
4 months ago

Mere Breach Of Contract Cannot Constitute Cheating Unless Dishonest Intention Is Shown At Beginning Of Transaction: Delhi High Court

Live Law  

The Delhi High Court has observed that a mere breach of contract does not give rise to criminal prosecution of cheating unless a fraudulent or dishonest intention is shown at the beginning of the transaction. It stated that a mere breach of contract cannot give rise to a criminal cheating case unless dishonest intention is shown. Subsequent conduct of the …

Mere Breach Of Contract Can't Be Basis For Criminal Case For Cheating : Supreme Court
2 years ago

Mere Breach Of Contract Can't Be Basis For Criminal Case For Cheating : Supreme Court

Live Law  

The Supreme Court observed that a mere allegation of failure to keep up promise will not be enough to initiate criminal proceedings.A breach of contract does not give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction, the bench of Justices Abhay S Oka and Rajesh Bindal said.The bench …

Fraudulent Power Of Attorney | Onus Of Due Diligence Before Entering Into Sale Transaction Is On Property Purchaser: Gujarat High Court
2 years, 6 months ago

Fraudulent Power Of Attorney | Onus Of Due Diligence Before Entering Into Sale Transaction Is On Property Purchaser: Gujarat High Court

Live Law  

The Gujarat High Court has reiterated that the onus of performing due diligence with respect to a property before entering into any transaction is on the intending purchaser.The observation was made while deciding the anticipatory bail application moved by one such property purchaser, who was booked for Cheating under IPC, for purchasing the subject property on the basis of a …

Mere Breach Of Contract Cannot Give Rise To Criminal Prosecution For Cheating: Supreme Court
2 years, 11 months ago

Mere Breach Of Contract Cannot Give Rise To Criminal Prosecution For Cheating: Supreme Court

Live Law  

The Supreme Court reiterated that a mere breach of contract cannot give rise to criminal prosecution for cheating.The court observed that a mere breach of contract is not in itself a criminal offence and gives rise to the civil liability of damages. The Supreme Court reiterated that a mere breach of contract cannot give rise to criminal prosecution for cheating. …

Mere Breach Of Contract Not Cheating; Giving Criminal Colour To Civil Disputes Must Be Discouraged: Supreme Court
3 years, 4 months ago

Mere Breach Of Contract Not Cheating; Giving Criminal Colour To Civil Disputes Must Be Discouraged: Supreme Court

Live Law  

The Supreme Court observed that mere breach of contract cannot give rise to criminal prosecution for cheating.For criminal prosecution, the key ingredient of having a dishonest or fraudulent intent under sections 405, 419 and 420 has to be made out, the bench of Justices S. Abdul Nazeer and Krishna Murari observed.The bench said that a criminal color cannot be given …

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