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SANJAY KAROL, MANOJ MISRA
Abhishek Singh – Appellant
Versus
Ajay Kumar – Respondent
JUDGMENT :
SANJAY KAROL, J.
Leave Granted.
2. The appellant, Abhishek Singh, is the complainant and has approached this Court aggrieved by the judgment and order dated 12th November, 2024, passed by the High Court of Judicature at Patna in Criminal Miscellaneous No.67884 of 2023, whereby the respondents’ application under Section 482 of the Code of Criminal Procedure, 19731[Cr.P.C.] was allowed and the First Information Report dated 7th September 2023 filed by him under Sections 420, 406 and 34 of the Indian Penal Code, 18602[IPC], being Mithanpura P.S. Case No.393 of 2023, was quashed.
3. The brief facts that gave rise to this appeal, as set out by the Courts below, are that the appellant, being a businessman by vocation, was in need of certain funds which he secured by way of a loan from the Bank of India, Motijhil Branch. Having pledged 254 grams of 22 carat gold ornaments by way of security, a loan of Rs. 7,70,000 was made in his favour, on 22nd July, 2020. The dispute arises when it comes to the repayment of this loan. According to the appellant, upon receipt of notice dated 7th October, 2022 from the bank asking him to pay a sum of Rs. 8,01,383.59, which included interest, he rep
Quashing – A legitimate criminal prosecution cannot be interdicted by High Court – Task of High Court, when called upon to adjudicate application seeking to quash proceedings, is to see whether, prim....
Mere breach of contract does not constitute cheating unless fraudulent intention is established from the outset, as per Section 420 IPC.
Quashing petitions under BNSS not for disputed questions of fact in cheating cases.
High Court ought to have exercised its powers and discretion under Section 482 Cr.P.C. and ought to have quashed criminal proceedings when prima facie case is not made out against accused.
The court ruled that possession of gold without evidence of theft or conspiracy does not meet the legal criteria for criminal charges of smuggling or receiving stolen property.
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