Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860-ss. 415 and 420 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 - ss. 415 and 420 - Cheating - Agreement of sale - Between the parties - Execution of sale - Prior to execution, demolition of the construction on the property - Civil suit, for determining whether the construction was part of the property sold - During pendency of the suit, criminal complaint by vendee against vendor alleging offence of cheating - Application for quashing the complaint dismissed by High Court - On appeal, held: Complaint liable to be quashed - No case made out against the accused/vendor - The stand of the complainant/vendee being inconsistent with her stand in the civil suit, is not reliable - Dispute being essentially of civil nature, has to be determined by competent civil court - Code of Criminal Procedure, 1973 - s. 482.Appellant sold certain land to the respondents. Sale deed in respect of the same was executed by the appellant. One day prior to the execution of the sale deed, two rooms, allegedly, constructed on the said land was demolished. A suit was filed in respect of the dispute as to whether the property whereupon the two rooms were situated was the property forming subject matter of the deed of sale. Respondent No. 1, in the written statement did not allege the demolition by the appellant. During pendency of the suit, respondent No.1 filed a complaint alleging commission of offence by the appellant u/s 420 IPC. Appellant's application u/s 482 Cr.P.C. for quashing the complaint was dismissed by High Court. Hence the present appeal.The question for consideration was whether a case of cheating within meaning of s. 415 IPC had been made out. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1060 |
Petitioner | B. Suresh Y Ada V |
Respondent | Sharif Bee And Anr. |
SCR | [2007] 11 S.C.R. 238 |
Judgement Date | 2007-10-12 |
Case Number | 1444 |
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