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IN THE HIGH COURT OF JUDICATURE AT PATNA
PURNENDU SINGH
Kaushalya Devi wife of Late Kari Chaudhary – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. factual allegations related to the land dispute. (Para 2 , 3) |
| 2. arguments presented by both parties regarding the complaint. (Para 4 , 5) |
| 3. legal distinction between sections 406 and 420 ipc. (Para 8 , 9 , 10 , 11) |
| 4. final conclusion to quash criminal proceedings. (Para 13 , 14 , 15) |
JUDGMENT :
PURNENDU SINGH, J
1. Heard learned counsel appearing on behalf of the petitioners; learned counsel for the opposite party no.2 and 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 taking cognizance dated 18.12.2015 in connection with Saur Bazar P.S. Case No.60 of 2015, whereby cognizance has been taken by the learned Judicial Magistrate, Saharsa under Sections 406 and 420 of the Indian Penal Code.
3. It is alleged by the informant/complainant that she negotiated with the petitioner No. 1 for the purchase of 01 katha of land and for that she paid a sum of Rupees 80,000/- to the petitioner No. 3 and a jarbaiynanama (Agreement for sale) was prepared, and it was agreed that after getting the rest Rupees 10,000/- she will execute the sale deed in her favour. However it has been alleged that even after r
Sections 406 and 420 of the IPC cannot co-exist in the same transaction; criminal breach of trust and cheating are distinct offences requiring different elements of fraud.
The court clarified that allegations solely involving civil transactions cannot form the basis for criminal charges under IPC Sections 406 and 420 without evidence of fraudulent intent.
Criminal proceedings should not be initiated for disputes that are fundamentally civil in nature, and the essential ingredients of the alleged offenses must be clearly established for prosecution und....
Fraudulent intent at the inception of a transaction is essential to establish cheating; mere breach of contract does not constitute a criminal offence.
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