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J. B. PARDIWALA, MANOJ MISRA
Somjeet Mallick – Appellant
Versus
State Of Jharkhand – Respondent
JUDGMENT :
(Manoj Misra, J.)
1. Leave Granted.
2. This appeal impugns judgment and order of the High Court1[High Court of Jharkhand at Ranchi] dated 01.02.2024 passed in Cr. M.P. No.3796 of 2018 whereby, exercising powers under Section 482 of the Code of Criminal Procedure, 19732[CrPC], the High Court quashed the order dated 20.02.2020, by which cognizance was taken, and all further proceedings in connection with Case No.78 of 2016, registered at P.S. Sakchi, corresponding to G.R. No.1627 of 2016, pending in the court of Chief Judicial Magistrate3[CJM], Jamshedpur.
Factual Matrix
3. The appellant (original complainant) filed an application, under Section 156(3) CrPC, alleging that the second and third respondents (original accused) offered to take appellant’s Truck (Trailor No.NL 01K 1250) on a monthly rent of Rs.33,000, exclusive of driver’s/helper’s salary, for plying it between Tata Steel Jamshedpur and Kalinganagar; pursuant to that offer, an agreement was entered into between the appellant and the accused on 10.07.2014 thereby letting the vehicle to the accused for a period up to 31.03.2016 with effect from 14.07.2014; and, in furtherance thereof, possession of the Truck was give
(1) Criminal breach of trust and cheating – To commit an offence mens rea is one of essential ingredients – When FIR alleges dishonest conduct on part of accused which, if supported by materials, wo....
The FIR was quashed as it lacked essential elements of criminal breach of trust and cheating, being merely a misuse of criminal process to enforce a contractual obligation.
The mere failure to pay for goods in a commercial transaction does not constitute criminal breach of trust or cheating under IPC without evidence of dishonest intention.
Criminal proceedings can continue despite the civil nature of a dispute if criminal allegations are substantiated in the FIR.
Civil disputes can involve criminal elements; thus, the existence of a civil remedy does not automatically justify quashing a criminal FIR.
Extraordinary power under article 226 of Constitution and also inherent powers under Section 482 of Code which it said could be exercised by High Court either to prevent abuse of the process of any c....
For offences under IPC Sections 420 and 406, mens rea must be established from the inception; mere breach of contract does not constitute a criminal offence without evidence of fraudulent intent.
The allegations in the FIR do not constitute an offence under IPC Sections 406 and 420, as they lack essential elements of criminal intent, reflecting a civil dispute instead.
Court quashed FIR as allegations did not establish criminal breach of trust or cheating; petitioner acted within contractual duties.
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