SANJIV BHARDWAJ Vs. HASMUKHLAL RAMBHAI PATEL
HIGH COURT OF GUJARAT
Hasmukhlal Rambhai Patel And Another
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(1.)The aforesaid two Misc. Criminal Applications have been filed under Sec. 482 of the Criminal Procedure Code for quashing and Setting aside the order passed by the learned Metropolitan Magistrate Court No. 5 Ahmedabad in Criminal Case No. 168 of 1986 issuing process against the petitioner in both the aforesaid cases.
(2.)It may be mentioned that the respondent No. 1 in both the cases have filed the aforesaid criminal case by filing a complaint against the petitioners for the offences under Secs. 420 420 read with Secs. 34 420 read with 114 and 120B read with 420 of IPC as well as for the offences under Sec. 418 418 read with 34 418 with 114 and 120 of IPC. The learned Magistrate has passed the said order after recording the statement on oath of the complainant on 17-2-1986 for issuing bailable Warrants of the amount of Rs. 1 0 for the offences under Secs. 418 420 read with Sec. 34 of the IPC against the petitioners.
(3.)It is contended on behalf of the petitioners that assuming the allegations made in the complaint to be correct the offence of cheating is not made out and that there are no allegations with regard to the required dishonest or fradulent intention on the part of the present petitioners. It is further contended on behalf of the petitioners that mere failure to fulfil the promise subsequently would at the most be failure to perform the contract or it would be a breach of the Contract but it is not the offence of cheating either under Sec 418 or Sec. 420 of the IPC.
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