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december 2008

Supreme Court of India · 2008-12-16

V.Y.Jose & Anr vs State Of Gujarat & Anr

Court
Supreme Court of India
Petitioner
V.Y.Jose & Anr
Respondent
State Of Gujarat & Anr
Author
S.B. Sinha
Bench
Cyriac Joseph, S.B. Sinha

Judgment text excerpt

The Supreme Court addressed an appeal against the Gujarat High Court's dismissal of an application under Section 482 of the Code of Criminal Procedure, concerning allegations of cheating under Sections 417 and 420 IPC. The Court held that the allegations in the complaint did not constitute an offence, emphasizing that mere non-compliance with a contract does not amount to cheating unless fraudulent intent is established. Consequently, the Court quashed the criminal proceedings against the appellants, thereby upholding the principles of criminal liability in contractual disputes.

V.Y.Jose & Anr vs State Of Gujarat & Anr · Niyam