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Criminal LawSupreme Court of India

G. Prasad Raghavan vs Union Territory of Puducherry

Not available · 2025 INSC 1221Decided 10 Oct 2025
Not available
Justice Sanjay Karol · Justice Vipul M. Pancholi

Background

An informant alleged that in 2015-16 she paid large sums of money for a plot of land under an unregistered sale agreement with one accused, who never completed the sale. Years later, in 2022, the appellant (accused no. 2) allegedly purchased the very same plot from the original accused, and was consequently also chargesheeted for cheating and related offences under the Indian Penal Code. The appellant sought discharge from the trial court and, having failed there and in a criminal revision before the Madras High Court, appealed to the Supreme Court.

Decision Breakdown

The Supreme Court examined the actual sequence of events and found that the disputed money transaction between the informant and the original accused took place entirely in 2015-2016, while the appellant only entered the picture in 2022 when he separately bought the plot from the original accused. There was no material showing the appellant made any representation, received any payment, or gave any threat to the informant. Since the ingredients of cheating and criminal breach of trust require the accused's own dishonest conduct at the relevant time, and none was shown against the appellant, the Court held that continuing the prosecution against him was unjustified. It quashed the trial court's and High Court's orders refusing discharge and quashed the chargesheet and proceedings as against the appellant alone.

Lesson Learnt

A person cannot be prosecuted for cheating merely because he later dealt with property connected to an earlier fraud: criminal liability requires proof of that specific person's own dishonest act or representation at the relevant time.

G. Prasad Raghavan vs Union Territory of Puducherry – Legal Case Shots | LegalAware