TaxTMI 
TaxTMI 
2024 (7) TMI 1783
X X X X Extracts X X X X
X X X X Extracts X X X X
....Anas Chaudhary, Adv. Mr. Mohd Sharyab Ali, Adv. Mr. Avnish Chaturvedi, Adv. Mr. Vibhu Tandon, Adv. Mr. Shreyans Raniwala, Adv. Mr. Raghav Sehgal, Adv. Mr. Rovin Singh Solanki, Adv. Mr. Rajeev Jadhav, Adv. ORDER 1. Leave granted. 2. By the impugned judgment and order dated 27.09.2023 the High Court of Judicature for Rajasthan at Jodhpur has declined to quash the proceedings arising out of First Information Report [FIR] No.215 of 2022 under sections 420 and 406 of the Indian Penal Code, 1860 [IPC] registered at Police Station Rajgarh, district Churu, Rajasthan and, accordingly, dismissed the petition under Section 482 of the Code of Criminal Procedure, 1973 [CrPC] filed by the appellants. 3. Respondent no.2 and the appellants ente....
X X X X Extracts X X X X
X X X X Extracts X X X X
....sal is evident of the fact that the appellants have cheated respondent no.2 with dishonest intentions and have duped him of Rs.1 crore in collusion with his brother in furtherance of their criminal conspiracy. It is further stated in the complaint that respondent no.2 has been regularly contacting the appellants and requesting them to execute the registry of the property in question after taking the balance sale consideration but the appellants are now openly, with intention to cheat and dupe him, are saying that 'do whatever you want, we will not execute the registry in your name'. 5. Soon thereafter respondent no.2 has instituted a Civil Suit for relief of specific performance of the contract against the appellants in June, 2023 which ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....troy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine." For an offence under Section 420, IPC, the following ingredients must be present: i. Cheating as defined under Section 415, IPC, that is, there should be a fraudulent or dishonest inducement of a person; ii. An intention to deceive; and iii. The person cheated must be dishonestly induced to a. Deliver property to any person; or b. Make, alter or destroy valuable security or anything signed or sealed and ca....
X X X X Extracts X X X X
X X X X Extracts X X X X
....the advance payment towards consideration was made in furtherance of an Agreement to Sell and it is not the case of the respondent that he was in anyway deceived or duped to make such payments to the appellants. It is a civil dispute and gives rise to the complainant's right to resort to the remedies provided under civil law by filing a suit for specific performance. 10. Additionally, the appellants have also been accused of committing the offence of criminal breach of trust under Section 406, IPC. This offence is defined under Section 405, IPC as follows: "Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly....