Indian Penal Code, 1860
Sections 120B, 420 & 506—Criminal conspiracy, cheating in property dealing and criminal intimidation—Petition to quash FIR dismissed by High Court—Appeal—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—Merely on the allegation of failure to keep up promise will not be enough to initiate criminal proceedings—Second respondent had improved his case ever since the first complaint was filed in which there were no allegations against the appellant rather it was only against the property dealers which was in subsequent complaints that the name of the appellant was mentioned—On the first complaint, the only request was for return of the amount paid by the second respondent—When the offence was made out on the basis of the first complaint, the second complaint was filed with improved version making allegations against appellant as well which was not there in the earlier complaint—Entire idea seems to be to convert a civil dispute into criminal and put pressure on the appellant for return of the amount allegedly paid—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—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 process of the Court—Impugned order passed by High Court deserves to be set aside—Petition filed by appellant for quashing of FIR is ordered to be allowed—Appeal allowed.
[Paras 12 & 13]