Observing that delay in delivery of flats may amount to a breach of agreement but will not amount to a criminal breach of trust or cheating under the Indian Penal Code (IPC) when such circumstances are addressed in the terms and conditions of the agreements, the High Court of Karnataka has quashed criminal case registered against Sushil P. Mantri of Mantri Developers Pvt. Ltd. and his family members.
“Criminal law cannot be set into motion on the said delay in delivery of flats, as those facts arise out of agreements entered into between the parties, at best, it can be breach of agreement,” the court said.
Justice M. Nagaprasanna passed the order while allowing the petitions filed by Mr. Sushil Mantri, his wife Snehal S. Mantri, their son Pratik S. Matri, and their companies.
