Supreme Court · 2008 INSC 1438 · Decided 16 December 2008

V.Y. Jose & ANR. v. State of Gujarat & ANR.

Court
Supreme Court of India
Citation
2008 INSC 1438 · [2008] 17 S.C.R. 588
Case number
CRIMINAL APPEAL No. 2048/2008
Decided
16 December 2008
Bench
S.B. SINHA, CYRIAC JOSEPH (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 420, 114, 415; CrPC Section 482

Headnote

Code of Criminal Procedure, 1973: s.482 - Scope of - Complaint under s.420 !PC - c Quashing of - Held: Absence of averments in complaint petition wherefrom ingredients of offence of cheating could be made - Hence, case not made out for criminal trial - High ~ Court erred in not quashing Code, 1860 - s.420. D Penal Code, 1860: s.420 - Cheating - Essential ingredients of. s.420 - Offence of cheating vis-a-vis breach of contract- Distinction between. E Criminal Law: Criminal proceedings - If barred only on the ground that civil law could be taken recourse to. Respondent

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