Readiness and Willingness Under Section 16(c) Is Not a Ritualistic Phrase — Plaintiff Must Prove It With Substance, Not Just Words: Karnataka High Court FIR in Disproportionate Assets Case Quashed: Patna High Court Slams SP for 'Non-Application of Mind' and 'Absence of Credible Source Information' Ownership of Vehicle Linked to Commercial Quantity of Heroin – Custodial Interrogation Necessary: Punjab & Haryana High Court Denies Anticipatory Bail under Section 482 BNSS Death Caused by Rash Driving Is Not a Private Dispute — No FIR Quashing on Basis of Compromise in Section 106 BNS Cases: Punjab & Haryana High Court No Bank Can Override Court Orders: Rajasthan High Court Slams Axis Bank for Unauthorized Withdrawal from Court-Ordered FD" Indian Courts Cannot Invalidate Foreign Arbitral Awards Passed Under Foreign Law: Madhya Pradesh High Court Enforces Texas-Based Award Despite Commercial Court’s Contrary Decree Calling Wife by Her Caste Name in Public Just Before Suicide is Immediate Cause of Self-Immolation: Madras High Court Upholds Husband’s Conviction Under Section 306 IPC No Work No Pay Is Not a Universal Rule: Punjab & Haryana High Court Dock Identification Without Prior TIP Is Absolutely Useless: P&H High Court Upholds Acquittal in Attempt to Murder Case Filing Forged Court Pleadings in Union Government’s Name is Criminal Contempt: Karnataka High Court Sentences Litigant to Jail Execution of Will Proved, But Probate Justly Denied Due to Concealment of Property Sale: Delhi High Court Mere Designation Doesn’t Establish Criminal Liability: Bombay High Court Quashes Proceedings Against ICICI Officials in Octroi Evasion Case Fraud on Power Voids the Order: Supreme Court Quashes FIR Against Karnataka BJP Leader R. Ashoka, Slams Politically Motivated Prosecution Cause of Fire Is Immaterial If Fire Itself Is Insured Peril: Supreme Court Rebukes Insurer’s Repudiation Dragging a Trained Army Officer Up 20 Steps Without Resistance? The Story Lacks Credence: Supreme Court Upholds Acquittal in Army Officer’s Murder Semen Stains Alone Do Not Prove Rape: Supreme Court Acquits Doctor Accused of Rape No Mortgage, No SARFAESI: Supreme Court Rules Against NEDFi, Says Recovery Action in Nagaland Without Security Agreement Was Illegal Parity Cannot Be Denied by Geography: Supreme Court Holds Jharkhand Bound by Patna HC's Judgment, Orders Pay Revision for Industries Officer Once Power Flows Continuously from a Synchronized Turbine, It Is No Longer Infirm: Supreme Court Orders TANGEDCO to Pay Fixed Charges to Penna Electricity

MERE NON-EXECUTION OF A SALE DEED AFTER RECEIVING MONEY DOES NOT AUTOMATICALLY GIVE RISE TO CRIMINAL LIABILITY – PH HC

07 May 2024 8:19 AM

By: Admin


In a recent judgment, the Punjab and Haryana High Court dismissed a petition alleging fraud and forgery in a property dealing business. The petitioner, Harbir Singh, had filed the petition seeking to set aside the orders passed by the lower courts and summon the respondents, Babu Ram and another, to face trial in a criminal complaint. Justice Gurbir Singh, while delivering the judgment, stated, “Mere non-execution of a sale deed after receiving money does not automatically give rise to criminal liability. The intention to cheat must be established at the time of entering into the contract.”

The petitioner claimed that the respondents had deceived him by providing a power of attorney instead of a registered sale deed for a plot of land. He further alleged that the respondents had committed fraud and forgery by refusing to execute the sale deed after receiving payment. However, the trial court and the sessions court had both dismissed the complaint, stating that the non-execution of a sale deed does not give rise to criminal liability.

Justice Gurbir Singh, while delivering the judgment, stated, “Mere non-execution of a sale deed after receiving money does not automatically give rise to criminal liability. The intention to cheat must be established at the time of entering into the contract.” The court emphasized the distinction between breach of contract and criminal liability, highlighting that breach of contract alone does not warrant criminal proceedings.

Referring to relevant case law, the court held that the facts of the case did not establish the requisite intention to cheat. Citing precedents, the court concluded that breach of contract, without proof of fraudulent intent, does not attract criminal liability.

The dismissal of the petition by the High Court reaffirms the principle that fraudulent intent must be present at the time of making a promise or representation for an offense of cheating. The court’s decision serves as a reminder that a mere breach of contract does not give rise to criminal proceedings.

The judgment has drawn attention to the need for clear evidence of fraudulent or dishonest intention to sustain criminal charges in cases involving property transactions. It provides guidance on the legal distinction between civil claims and criminal complaints in such matters.

Date of Decision: 05.07.2023

Harbir Singhb vs Babu Ram and another

Latest Legal News