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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
| Table of Content |
|---|
| 1. petitioner accused of fraudulently selling b.ed certificates. (Para 2 , 3) |
| 2. arguments about the void nature of the contract. (Para 4 , 5 , 6) |
| 3. court's observations on the legal status of the contract. (Para 9 , 10 , 11 , 12 , 13) |
| 4. quashing of criminal proceedings against petitioner. (Para 14) |
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 appea
An illegal contract, not supported by evidence, cannot sustain criminal prosecution; charges under IPC for cheating were found baseless.
Allegations of cheating under Section 420 IPC require proof of mens rea at inception; mere breach of contract does not equate to criminal fraud.
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....
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