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2017 (11) TMI 1980 - HC - Indian LawsCheating - real grievance of the second respondent commences after dropping the idea of construction of the proposed property and when the petitioners failed to return the advance amount of ₹ 1.5 Crores - whether the ingredients of Section 420 have been made out or not? - HELD THAT:- The Hon'ble Apex Court in a judgment in HRIDAYA RANGAN PD. VERMA AND ORS. VERSUS STATE OF BIHAR AND ANR. [2000 (3) TMI 1105 - SUPREME COURT OF INDIA] had laid down the ingredients to constitute an offence under Section 420 to include deception of any persons; fraudulently or dishonestly inducing any person to deliver any property; or to consent that any person shall retain any property; and finally intentionally inducing that person to do or omit to do anything which he would not do or omit. It is clear from various judgements. whenever there are sufficient materials to indicate that a complaint manifestly discloses a civil dispute, the inherent powers of this Court under Section 482 Cr.P.C., can be invoked. Likewise, when the complaint prima-facie discloses that the transaction is for recovery of money due on a commercial transaction, the police cannot be transformed into a collection agent by spicing a criminal colour to the complaint. There are no justification to permit the first respondent police to continue with the investigation - petition allowed.
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