Cheating Charge Quashed as Payment Assurance Lacked Fraudulent Intent: Delhi HC

Arun Kumar Bagla Vs SCJ Plastics Ltd (Delhi High Court) The Delhi High Court examined whether a Managing Director’s assurance of payment given in the ordinary course of commercial dealings can, by itself, justify framing of a cheating charge under Section 420 of the Indian Penal Code. The petition was filed under Article 226 of the Constitution read with Section 482 CrPC seeking quashing of orders by the Metropolitan Magistrate and the Additional Sessions Judge that had framed and upheld charges of cheating against the Managing Director after the complaint against the company was dismissed. ...