Indian Penal Code, 1860
Section 418—Offence of cheating—Petition to quash entire criminal proceedings including order taking cognizance of offence—Complaint case has been filed alleging non-booking of space in a multiplex despite payment received by the first accused—To hold a person guilty of cheating it is necessary to show that he had fraudulent and dishonest intention at the time of making the promise—Consequence of not encashing of drafts in question suggests that intention from the very beginning was not there which is paramount consideration in a case arising out under Section 415 IPC and other sections with regard to the cheating—A breach of contract does give rise to criminal prosecution for cheating unless the fraudulent and dishonest intention is there in the beginning of the transaction—Merely on the allegation of failure to keep premises will not be enough to initiate criminal proceeding—Criminal courts are not meant to use for settling the scores or pressurize the parties to settle the dispute—In the case in hand FIR has already been registered and pursuant to direction of the court police investigated the matter and submitted final form saying the case civil in nature—Final form was rightly submitted saying the case civil in nature however, the court has taken cognizance on the basis of protest petition—Court in order taking cognizance has stated that the case is arising out of breach of agreement inspite of that he has taken cognizance—If criminal proceeding is allowed to be continue against the petitioners before the learned court will amount the abuse of process of law—Entire criminal proceeding including order taking cognizance in connection with complaint case is quashed—Petition allowed.
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