Back
CHANDRA SHEKHAR JHA
Chandra Prakash – Appellant
Versus
State of Bihar – Respondent
In this case, the proceedings were initiated as a criminal case, specifically under the offence of cheating as per Section 420 of the Indian Penal Code (IPC) (!) (!) . However, the court's analysis and ultimate decision reflect that the matter was primarily of a civil nature, involving contractual disputes and issues related to property and refund of amounts paid. The court observed that the dispute between the parties is essentially civil in nature and that the criminal proceedings were being used to give a criminal color to what is fundamentally a civil matter (!) .
The court further noted that the complaint was not supported by an affidavit sufficient to invoke the jurisdiction of the Magistrate for criminal proceedings, and that the ingredients necessary to establish a criminal offence of cheating were not convincingly present (!) (!) .
Ultimately, the court treated the case as a civil dispute and quashed the criminal proceedings, emphasizing that the remedy for the parties lies in civil courts and proceedings, and that continuation of criminal proceedings in such circumstances would constitute an abuse of process of law (!) .
Therefore, although the case was initially treated as a criminal case, it was ultimately recognized by the court as a matter more appropriately addressed through civil remedies.
Chandra Shekhar Jha, J. – Heard Rana Vikram Singh, learned counsel appearing for the petitioner and Mr. Sunil Kumar, learned counsel for the complainant/opposite party no. 2.
2. The present petition has been preferred for quashing the order dated 31.08.2023 passed in connection with Complaint case No.4049(c)/2023, whereby the learned Chief Judicial Magistrate, Patna has been pleased to take cognizance of offence under Section 420 of Indian Penal Code vide order dated 31.08.2023 and issued summons against the petitioner.
3. The Complaint case in brief is that the complainant executed an agreement for sale on 03.02.2020 for booking of 3 flats and car parking space in 'Sunit Ambrosia Project', which is the housing project of M/s Sunit Housing Private Limited, a Company incorporated under the provisions of the Companies Act, 1956 (hereinafter referred to as "Company") for total consideration amount of Rs. 29.25,000/- Rs. 27,75,000/- and Rs. 27,37,500/- total Rs.88,59,375/- for which the payment was made in 2020. The complainant alleged that due to death of her husband she could not repay the balance amount. The husband of the complainant and the accused/petitioner knew each other. The ac
The court found that a civil dispute may constitute a criminal offence under S.420 IPC if fraudulent intent is present, and the mere existence of a civil remedy does not warrant quashing criminal pro....
Power under Section 156(3) warrants application of judicial mind. A court of law is involved. It is not the police taking steps at the stage of Section 154 of the Code.
While exercising powers under Section 482 Cr.P.C., Court has a very limited jurisdiction and is required to consider “whether any sufficient material is available to proceed further against accused f....
Criminal intent in property transactions leads to proceedings under IPC, regardless of parallel civil suits.
The court affirmed that a party only involved in a civil contract cannot face criminal liability unless it directly transacted or misappropriated funds, supporting the need for a clear distinction be....
The court reaffirmed that mere allegations in civil disputes do not constitute criminal offences unless clear fraudulent intentions exist at the initiation of the transaction.
A breach of contract does not constitute an offence of cheating unless there is evidence of dishonest intention from the outset, and vicarious liability cannot be imposed on company directors without....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
