B. SURESH Y ADA V versus SHARIF BEE AND ANR.

B. SURESH Y ADA V versus SHARIF BEE AND ANR.

No false or misleading representation or dishonest inducement by appellant was made at the time of execution of the sale deed. The dispute is fundamentally civil and should be determined by a competent civil court. The criminal complaint does not disclose the ingredients required under Section 415 IPC; hence, proceedings are liable to be quashed.

Parties
Appellant: B. Suresh Yadav; Respondent No.1: Sharif A Bee; Respondents: Sharif A Bee and Anr.
Jurisdiction
India
Judgment Date
12 October 2007
Procedural Posture
Criminal Appeal / Appeal From High Court Decision Refusing to Quash Criminal Complaint
Outcome
Appeal allowed. High Court judgment set aside. Complaint quashed. No costs.
Legal Topics
Cheating, Quashing of Criminal Proceedings, Section 415 IPC, Section 420 IPC, Section 482 Cr PC
Criminal Law Civil Law Cheating Quashing of Criminal Proceedings Section 415 IPC Section 420 IPC Section 482 Cr PC

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Parties

B. Suresh Yadav

Appellant

Sharif A Bee

Respondent No.1

Sharif A Bee and Anr.

Respondents

Procedural Posture

Criminal Appeal / Appeal From High Court Decision Refusing to Quash Criminal Complaint

Legal Issues

  1. 1 Whether a case of cheating under Section 415 IPC has been made out
  2. 2 Whether criminal proceedings should be quashed under Section 482 CrPC when the dispute is essentially civil

Ratio Decidendi

No false or misleading representation or dishonest inducement by appellant was made at the time of execution of the sale deed. The dispute is fundamentally civil and should be determined by a competent civil court. The criminal complaint does not disclose the ingredients required under Section 415 IPC; hence, proceedings are liable to be quashed.

Court Disposition

Appeal allowed. High Court judgment set aside. Complaint quashed. No costs.

Orders

  • Impugned judgment set aside.
  • Complaint quashed.