#civil breach vs criminal offence

Sikkim High Court rules that failure to supply goods after advance payment, absent proof of dishonest intent at contract formation, constitutes a civil breach-not criminal cheating. While the FIR was not quashed at the charge-framing stage, the court emphasized that mere non-performance does not justify criminal prosecution under IPC Sections 420 or 409, reinforcing the need for clear evidence of fraudulent intent.