Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | ss.406 420 and 417 IPC Quashing of charge-sheet s.482 Cr.P.C |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973: s.482 – Quashing of charge-sheet under ss.406, 420 and 417 IPC – The case against the appellant-accused was that he had obtained loan from money lending company in which respondent no.2 was Director – Appellant did not repay the amount back and rather threatened respondent no.2 with dire consequences and as a result respondent no.2 lodged FIR – Appellant filed petition before High Court for quashing of FIR – Meanwhile, charge-sheet was filed against the appellant under ss.406, 420 and 417 IPC – Appellant filed application seeking amendment of s.482 petition wherein he sought quashing of charge-sheet also – High Court dismissed the quashing petition and directed Trial Court to complete the trial and observed that prima facie an offence of cheating under s.420 was made out – On appeal, held: A mere breach of a promise, agreement or contract does not, ipso facto, constitute the offence of the criminal breach of trust contained in s.405 IPC without there being a clear case of entrustment – There is nothing either in the complaint or in any material pointing to the fact that any property was entrusted to the appellant which he dishonestly converted for his own use so as to satisfy the ingredients of s.405 punishable under s.406 IPC – As regards the charge under s.415, mere inability of the appellant to return the loan amount would not give rise to a criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction, as it is this mens rea which is the crux of the offence – There is nothing in the complaint or the material to show that there was dishonest representation or inducement on part of the appellant – However, the High Court seemed to be carried away by the moral element involved in the breach of promise and made certain observations – These observations are expunged – The proceedings initiated based on the FIR instituted at the instance of respondent no. 2 are quashed – Penal Code, 1860 – ss. 405, 406, 415 and 420. |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2019 INSC 2 |
Petitioner | Satishchandra Ratanlal Shah |
Respondent | State Of Gujarat And Another |
SCR | [2019] 3 S.C.R. 273 |
Judgement Date | 2019-02-03 |
Case Number | 9 |
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