Quashing of FIR - dispute being essential in civil nature. The appellant
allegedly entered in to an agreement to sell in respect of property in dispute,
but despite receiving certain amount in advance from the complaint/respondent
remained absent from the office of the Deputy Registrar on the date fixed for
execution of sale deed, subsequently FIR in question lodged when the appellant s
planned to sell the property in dispute to some other person.
Held a breach of contract does not give rice to criminal prosecution for
cheating unless fraudulent or dishonest intention is shown right at the
beginning of the transaction, further merely the allegation of failure to keep
up promise,held will not be enough to initiate criminal proceedings.
The criminal court should exercise a great deal of caution in issuing the
process, particularly when matter s appear essentially of civil nature and thus
any effort to settle the Civil disputes and claims which do not involve criminal
offence, by applying presence pressure through criminal prosecution should be
deprecated and discouraged.