Q: Delineate the citation of Vir Prakash Sharma V. Anil Kumar Agrawal , (2007) 7 SCC 373 ?

Ans: Vir Prakash Sharma v. Anil Kumar Agarwal [(2007) 7 SCC 373],

Bench: S.B. Sinha, Harjit Singh Bedi

It has been held by honourable Supreme Court that:

Mere breach of contract cannot give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction, that is the time when the offence is said to have been committed.

In law, only because he had issued cheques which were dishonoured, the same by itself would not mean that he had cheated the complainant.   

Non-payment or underpayment of the price of the goods by itself does not amount to commission of an offence of cheating or criminal breach of trust.