JAMSHAD ALI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Sri Rajendra Singh, learned counsel for the petitioners and Sri Nandan Arya, learned A.G.A. for the respondent no.1.

(2.) Notice on behalf of respondent no.1 has been accepted by Sri Nandan Arya, learned A.G.A. for the State, who prays for and is granted three weeks time to file counter affidavit. Issue notice to the respondent no.2 returnable within three weeks.

(3.) Mr. Rajendra Singh argued that civil dispute has been given colour of the criminal offence. He further stated that present case is of enforcement and breach of contract. He has placed reliance on the judgment of the Apex Court in the matter of Dalip Kaur and others Vs. Jagnar Singh and another, 2009 AIR(SCW) 5117,in which Apex Court has observed that "if the dispute between the parties was initially a civil dispute resulting from the breach of contract- by not refunding the advance, the same would not constitute an offence of cheating."