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IN THE HIGH COURT OF JUDICATURE AT PATNA
PURNENDU SINGH
Chandra Shekhar Dwivedi @ Chandra Shekhar Dubey, S/O Byas Dubey – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
PURNENDU SINGH, J.
Heard Mr. Satyendra Rai, learned counsel appearing on behalf of the petitioner and Mr. Kanhaiya Kishore, learned APP for the State.
2. The present application has been filed under Section 482 of the Cr.P.C. for quashing of the order dated 19.12.2014 passed by the learned Judicial Magistrate First Class, Gopalganj in Complaint Case No. 1942(C) of 2013 (Trial No. 551 of 2016), whereby the learned Magistrate has taken cognizance against the petitioner under Sections 417, 418 and403 of the Indian Penal Code.
3. As per the allegation made in the complaint, the petitioner along with other co-accused had taken money from the complainant and other persons on the pretext of providing them B.Ed certificate, but the accused persons including the petitioner cheated the complainant and other persons and also not returned their money.
4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has committed no offence as alleged. He further submits that the very intent of the complainant is vested with malafide who had tried to procure B.Ed degree by committing forgery in connivance with one co- accused Lal Prakash Tiwary.
An illegal contract, not supported by evidence, cannot sustain criminal prosecution; charges under IPC for cheating were found baseless.
Allegations of cheating and impersonation require credible evidence; without it, prosecution cannot proceed.
No cheating absent deception from transaction's inception; mere salary shortfall not offence. Sections 504/506 require provocation for breach of peace or threat of injury with alarm-causing intent – ....
The court ruled that the absence of dishonest intention in the allegations against the petitioners justified quashing the criminal proceedings under Section 482 of Cr.P.C.
Breach of contract alone does not constitute cheating without initial deception; essential elements of the IPC offences were not established.
A civil dispute may contain elements of criminal wrongdoing, and the existence of a civil remedy does not bar the initiation of criminal proceedings if the allegations suggest potential criminal offe....
The distinction between breach of contract and criminal cheating requires proof of fraudulent intent at the transaction's inception.
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