2018 (12) TMI 2016

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....il, Shivani and Rameshwar Prasad Goyal, Advs. For the Respondents : Vishwa Pal Singh, Vijay Kumar, Monika Gusain and Manpreet K. Bhallu, Advs. JUDGMENT Dr. D.Y. Chandrachud, J. 1. Leave granted. 2. This appeal arises from a judgment and order dated 11.2.2016 passed by the High Court of Punjab and Haryana. By the impugned judgment, the High Court has quashed the proceedings arising o....

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.... to complete the transaction, the Appellant on 30.1.2014 filed an application before the Superintendent of Police, District Kurukshetra for registration of a complaint and for taking action against Respondent No. 2 and her husband Gurcharan Singh. 5. The case was referred to the Economic Crime Cell, Kurukshetra. On enquiry, the Economic Crime Cell submitted its report dated 4.3.2014 concluding ....

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....fficer on 20.11.2014 for offences Under Sections 406 and 420 of the Penal Code. 9. Charges have been framed on 11.12.2014. The trial commenced and five prosecution witnesses were examined. 10. The High Court by its impugned order dated 11.2.2016, quashed the proceedings arising out of the F.I.R. on the ground that on a plain reading of the FIR, the complainant had failed to make out any crim....

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....ice, none has appeared for Respondent No. 2. 13. The High Court was persuaded to quash the criminal proceedings purely on the basis that the F.I.R. indicated that the vendor had refused to execute the sale deed. On this basis, the High Court held that there is no element of cheating and on reading of the F.I.R., the complainant had failed to make out any criminal intent on the part of the Accus....