GEETHA Vs. STATE

JUDGEMENT

(1.) Seeking to quash the Final Report in C.C. No.145 of 2020 on the file of the Judicial Magistrate Court No.IV, Thoothukudi, the present Criminal Original Petition is filed.

(2.) The case of the Prosecution in a nutshell is as follows:

(3.) Mr. K. Suresh, learned Counsel for the Petitioner would contend that the present Petitioner (A1) did not have any Business Transaction with the De facto Complainant and that even if the entire Final Report is taken as true, no offence is made out against the present Petitioner (A1). His further contention is that mere breach of Contract cannot give rise to a Criminal prosecution for cheating unless a fraudulent or dishonest intention is shown at the time of transaction i.e., when the offence is said to have been committed. In the instant case, even in the Final Report, the prosecution has stated that the Second Accused has been making payments periodically right from the year 2016 and subsequently, due to ill health, he did not pay the balance amount of Rs.54,11,160..00 The learned Counsel for the Petitioner, relying on the following decisions: