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SANDEEP KUMAR
Kapil Kamboj Son of Late Rakesh Kamboj – Appellant
Versus
State of Bihar – Respondent
ORDER :
Heard the parties.
2. The present application has been filed for quashing the FIR being Bettiah Nagar P.S. Case No. 37/2023 registered for offences punishable under sections 419, 420, 467 and 468 of the Indian Penal Code. The FIR has been registered on a complaint under Section 156 (3) Cr.P.C. bearing Complaint Case No. 3013/2022 filed by opposite party no. 2.
3. As per the FIR, the substance of the allegation is that the petitioner demanded Rs.12,00,000/- (Rs. Twelve Lakh only) as security amount from the opposite party no. 2 for providing a job in the Tourism Department, Government of Bihar and out of the aforesaid amount, Rs. 6,00,000/-(Rs. Six Lakh only) was to be paid as advance. It is further alleged that on the assurance of the petitioner, the opposite party no. 2 gave Rs. 6,00,000/-(Rs. Six Lakh only) to the petitioner for providing job to him but neither the job was provided to opposite party no. 2 nor on demand, the money was returned.
4. Learned counsel for the petitioner submits that the informant- opposite party no. 2 has falsely implicated the petitioner in the instant FIR. The petitioner is not involved in any criminal case. He further submits that the petitioner
Allegations of cheating and impersonation require credible evidence; without it, prosecution cannot proceed.
An illegal contract, not supported by evidence, cannot sustain criminal prosecution; charges under IPC for cheating were found baseless.
Serious criminal offences affecting public interest cannot be quashed based on private settlements; substantial evidence must be evaluated during trial.
The main legal point established in the judgment is the distinction between breach of contract and cheating, emphasizing the need for fraudulent and dishonest intention for the offense of cheating to....
Criminal Proceedings should not be encouraged, when it is found to be mala fide or otherwise an abuse of the process of the court. Superior Courts while exercising this power should also strive to se....
A person must commit the offence of cheating under Section 415 of the I.P.C; and (ii) the person cheated must be dishonestly induced to (a) deliver property to any person; or (b) make, alter or destr....
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