Consensual Relationship That Later Turns Sour Is Not Rape: Andhra Pradesh High Court Grants Bail in Breach of Promise Case Double Presumption of Innocence Applies; No Interference Unless Trial Court Judgment Is Perverse: Allahabad High Court in Murder Appeal Under BNSS A Single Act of Corruption Warrants Dismissal – 32 Years of Service Offers No Immunity: Punjab & Haryana High Court Upholds ASI’s Removal Suit Against Trustee Without Charity Commissioner’s Consent Is Statutorily Barred: Bombay High Court Government Can't Deny Implied Surrender After Refusing to Accept Possession: Madras HC Clarifies Scope of Section 111(f) of TP Act Custodial Interrogation Must Prevail Over Pre-Arrest Comfort in Hate Speech Cases: Punjab & Haryana High Court Denies Anticipatory Bail for Provocative Remarks Against Migrants Mutation Order Without Notice Cannot Stand in Law: Orissa High Court Quashes Tahasildar's Rejection for Violating Natural Justice Cruelty Must Be Grave and Proven – Mere Allegations of Disobedience or Demand for Separate Residence Don’t Justify Divorce: Jharkhand High Court Rejects Husband’s Divorce Appeal Retaliatory Prosecution Cannot Override Liberty: Himachal Pradesh High Court Grants Bail in PMLA Case Post CBI Trap of ED Officer Illegal Remand Without Production of Accused Is Not a Technical Lapse, But a Constitutional Breach: Andhra Pradesh High Court Grants Bail in Major NDPS Case Inherent Power Under Section 528 BNSS Not a Substitute for Article 226 When FIR Is Under Challenge Without Chargesheet or Cognizance Order: Allahabad High Court Possession Without Title Is Legally Insubstantial: Gujarat HC Dismisses Appeal By Dairy Cooperative Over Void Land Transfer You Can Prosecute a Former Director, But You Can’t Force Him to Represent the Company: Calcutta High Court Lays Down Clear Limits on Corporate Representation in PMLA Cases Conviction Cannot Rest on Tainted Testimony of Injured Witnesses in Isolation: Bombay High Court Acquits Five in Murder Case One Attesting Witness is Sufficient if He Proves Execution and Attestation of Will as Required by Law: AP High Court Land Acquisition | Delay Cannot Defeat Just Compensation: P&H High Court Grants Enhanced Compensation Despite 12-Year Delay in Review Petitions by Landowners Allegations Implausible, Motivated by Malice: Kerala High Court Quashes Rape Case After Finding Abuse Claims a Counterblast to Civil Dispute Adoptions Under Hindu Law Need No Approval from District Magistrate: Madras High Court Declares Administrative Rejection of Adoptive Birth Certificate as Illegal

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