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2007 (10) TMI 683 - SC - Indian LawsCommission of an offence u/s 420 of the Indian Penal Code (IPC) - Execution of the sale deed - False Or Misleading representation - Suit Properties are different from the subject matter of the Deed of Sale - Whether a case of cheating within the meaning of Section 415 of the IPC has been made out or not - civil suit has already been filed - Application for quashing the complaint filled u/s 482 of CrPC - HC dismissed the application - HELD THAT:- While executing the sale deed, the appellant herein did not make any false or misleading representation. There had also not been any dishonest act of inducement on his part to do or omit to do anything which he could not have done or omitted to have done if he were not so deceived. Admittedly, the matter is pending before a competent civil court. A decision of a competent court of law is required to be taken in this behalf. Essentially, the dispute between the parties is a civil dispute. For the purpose of establishing the offence of cheating, the complainant is required to show that the accused had fraudulent or dishonest intention at the time of making promise or representation. In a case of this nature, it is permissible in law to consider the stand taken by a party in a pending civil litigation. We do not, however, mean to lay down a law that the liability of a person cannot be both civil and criminal at the same time. But when a stand has been taken in a complaint petition which is contrary to or inconsistent with the stand taken by him in a civil suit, it assumes significance. Had the fact as purported to have been represented before us that the appellant herein got the said two rooms demolished and concealed the said fact at the time of execution of the deed of sale, the matter might have been different. As the deed of sale was executed on 30.9.2005 and the purported demolition took place on 29.9.2005, it was expected that the complainant/first respondent would come out with her real grievance in the written statement filed by her in the aforementioned suit. She, for reasons best known to her, did not choose to do so. Therefore, we are of the opinion that, no case has been made out for proceeding with the criminal case - Thus, the impugned judgment cannot be sustained. It is set aside accordingly. Appeal is allowed.
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