Q: Delineate the case of Dalip Kaur & Ors vs Jagnar Singh & Anr on 7 July, 2009 ?

Ans: Dalip Kaur & Ors vs Jagnar Singh & Anr on 7 July, 2009

Author: S Sinha

Bench: S.B. Sinha, Asok Kumar Ganguly

An offence of cheating would be constituted when the accused has fraudulent or dishonest intention at the time of making promise or representation. A pure and simple breach of contract does not constitute an offence of cheating.

The honourable Supreme Court held that held that if the dispute between the parties was essentially a civil dispute resulting from a breach of contract on the part of the appellants for non- refunding the amount of advance, the same would not constitute an offence of "cheating‟ or criminal breach of trust‟.