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SANDEEP KUMAR
S. Sampath – Appellant
Versus
State of Bihar – Respondent
Sandeep Kumar, J. – Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the opposite party no.2/complainant.
2. The present application has been filed under Section 482 of the Criminal Procedure Code (for short Cr. P.C.) for quashing the order dated 25.05.2017 passed by the learned A.C.J.M.-VIII, Patna, in connection with Complaint Case No.3754 of 2013, by which the learned Magistrate has taken cognizance against the petitioners under Section 406/34 of the Indian Penal Code.
3. As per the complaint petition, the complainant is an established healthcare distribution solution specialist and is engaged in the business of wholesale product distribution of medicines. It is alleged that the petitioners had contacted the complainant-company in October, 2007 for marketing and distribution of pharmaceutical drugs in the State of Bihar. It is stated that the complainant and the petitioners had entered into a Memorandum of Understanding (for short “MoU”) on 1.11.2007 till 31.03.2008 for distribution of pharmaceutical drugs in the State of Bihar. As per the terms of the said MoU, the complainant had deposited Rs.2,00,000/- with the accused. Thereafter, th
Dishonest or fraudulent intention must be present at the inception of a transaction to establish offences of cheating and criminal breach of trust; mere breach of contract does not constitute a crimi....
A mere breach of a promise, agreement, or contract does not, ipso facto, constitute the offence of criminal breach of trust contained in Section 405 IPC without there being a clear case of entrustmen....
The court reiterated the principles for quashing criminal proceedings at the threshold, emphasizing the distinction between civil and criminal wrongs. It held that criminal proceedings should not be ....
Fraudulent intent at the inception of a transaction is essential to establish cheating; mere breach of contract does not constitute a criminal offence.
Criminal proceedings cannot be initiated for disputes that are purely civil, especially where the essential ingredients of the alleged offences are not met.
The court reiterated that criminal proceedings should not be initiated when the allegations are purely civil in nature and there is no entrustment of property or dishonest intention on the part of th....
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....
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