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The High Court of Bombay has catered to the notion that parents are obligated to spend money on their children’s education. Justice Mridula Bhatker has duly observed that such transactions made in lieu of the educational purposes should not be transformed into litigation.
It was mentioned that-
“Respondent No. 2 has filed a private complaint against the petitioner for the offences of criminal breach of trust and cheating under sections 406, 417, 418 and 420 of Indian Penal Code on the ground that the petitioner has borrowed time to time money from the respondent No. 2, i.e., total amount of Rs.29 lakhs from May 2004 till March 2009. The petitioner went to United States and money was spent on his education. He completed his education in the year 2009; however, though the petitioner promised to repay the money, he did not repay it till today. Along with the complaint the respondent No. 2/original complainant has filed the letter dated 27th June, 2008 written by the petitioner to respondent No. 2 wherein he has promised to repay the said amount of Rs.29 lakhs along with compounding interest @10.50%. The learned Magistrate, after going through the complaint and the documents, issued process under sections 406, 417, 418, 420 of Indian Penal Code. Hence, this Petition.”
It is significant to mention that during the time of separation of the parents the son took his mother’s side thus, claiming it to be a petition out of retribution. But however on the contrary the father had claimed it as a transaction between two adult individuals. The case was quashed when it got the title of unfortunate litigation based on absurdity.
That there was prevalence of breach of trust could not be established in front of the court as the money was used for the desired purpose. It was held infront of the court that son would repay Rs. 15 lakhs to his father and the court had also mentioned the fact that the case was not based on cheating. Thus, the court had directed the father to not file such flippant cases.
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