“……Even otherwise, this court is of the view that the allegations of the complainant, even if assumed to be true, would at best make out a case of breach of contract as the complainant grievance chiefly pertains to violation of terms of loan agreement entered into between the parties. Superior courts have time and again laid down that mere breach of contract must be distinguished from a criminal offence of cheating, in which deception from the very beginning is required to be established to have been there from the very beginning. In the circumstances of the case at hand also, it is observed that the complainant contentions of the proposed accused company deducting sums of money from its account in the name of processing charges, EMIs etc, before disbursal of loan as per him, with a counter version of the proposed accused company being there that the same was done in pursuance of advance cheque given to the the complainant as per his own demand, is in principal a dispute touching upon breach of contract and as such therefore does not warrant invocation of jurisdiction of this court to direct registration of an FIR.
