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IN THE HIGH COURT OF JUDICATURE AT PATNA
BIBEK CHAUDHURI
Avinash Gopal Gautam S/o Shri Gopal Pandey – Appellant
Versus
Criminal Writ Jurisdiction Case No. 261 of 2024, Criminal Writ Jurisdiction Case No. 313 of 2020 – Respondent
| Table of Content |
|---|
| 1. filing of fir in a civil dispute (Para 1 , 2 , 3) |
| 2. claims of partnership vs. allegations of cheating (Para 4 , 5 , 6) |
| 3. analysis of contractual obligations vs. criminal misappropriation (Para 7 , 8 , 9) |
| 4. definitions from case law related to criminal breach of trust (Para 10 , 11) |
| 5. establishment of fraud and distinction of liability among accused (Para 12 , 13 , 14) |
| 6. court's final decision on the fir and accused (Para 15 , 16 , 17) |
ORDER :
1. Both the above-mentioned writ petitions are taken up together for adjudication by a composite order as in both the writ petitions, the following reliefs have been prayed:
“i. For that appropriate writ or writs in the nature of certiorari for setting aside/quashing of the first information report in connection with Rupaspur P.S Case No. 549 of 2019 dated 28.12.2019 registered under section 420/406/34 of the IPC and all other consequential proceeding thereafter, registered against the petitioner and other co accused persons.
ii. For that any other relief or reliefs may be granted as Your Lordships may deem fit and proper in the facts and circumstances of this case.
2. That the issues of seminal importance in this case are as fol
In criminal disputes involving business agreements, a fundamental distinction exists between contractual obligations and criminal misappropriation, which underpins the applicability of IPC Sections 4....
A breach of contract does not constitute cheating unless there is initial fraudulent intent; civil remedies should be pursued instead of criminal proceedings.
Criminal law cannot resolve civil disputes; at least one offence is established based on uncontroverted allegations, justifying continuation of proceedings.
Point of law : exercise powers under Section 482 CrPC, the complaint in its entirety shall have to be examined on the basis of the allegation made in the complaint/FIR/charge-sheet and the High Court....
The court affirmed that without personal wrongdoing or clear involvement in company actions post-resignation, criminal liability cannot be established, and proceedings can be quashed as an abuse of p....
The court reiterated that a mere breach of contract does not constitute a criminal offence unless fraudulent or dishonest intention is established, quashing the FIR due to lack of supporting evidence....
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