Supreme Court: Cheating And Criminal Breach Of Trust Cannot Co-Exist

The Supreme Court clarified that charges of cheating and criminal breach of trust cannot be simultaneously pursued if they arise from the same set of allegations. It emphasized that these offenses, though related, have different legal ingredients. When facts do not disclose distinct elements, invoking both provisions leads to abuse of criminal law. The Court also highlighted that mere contractual disputes or business defaults should not be criminalized unless fraudulent intent is evident. This judgment seeks to prevent misuse of criminal proceedings for exerting pressure in civil or commercial matters, thereby ensuring fairness in trials and upholding the distinction between civil liability and criminal culpability.