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december 2008

Supreme Court of India · 2008-12-16

V.Y.JOSE vs STATE OF GUJARAT

Citation / case number
SC 2007/7649
Court
Supreme Court of India
Petitioner
V.Y.JOSE
Respondent
STATE OF GUJARAT
Author
S.B. Sinha
Bench
S.B. SINHA,CYRIAC JOSEPH, , ,

Judgment text excerpt

The Supreme Court held that the allegations in the complaint do not constitute an offence under Section 420 IPC, as a mere breach of contract does not amount to cheating. The Court emphasized that for an offence under Section 420 IPC, there must be a fraudulent intention at the inception of the transaction, which was not established in this case. Consequently, the Court quashed the proceedings initiated against the appellants under Sections 417 and 420 IPC, thereby allowing the appeal.

V.Y.JOSE vs STATE OF GUJARAT · Niyam