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IN THE HIGH COURT OF JUDICATURE AT PATNA
CHANDRA SHEKHAR JHA
Ramani Pandey s/o Shri Ashok Pandey – Appellant
Versus
State Of Bihar – Respondent
ORAL JUDGMENT :
Heard learned counsel for the petitioners and learned counsel for the respondents.
2. The present quashing petition has been preferred to quash the order dated 24.02.2015 passed in Complaint Case No. 518 of 2013 arising out of Patna City P.S. Case No. 49 of 2012 where learned Judicial Magistrate, Ist Class-cum-Additional Munsif IV Patna, took cognizance for the offences punishable under Sections 417 and 418 of the Indian Penal Code (in short IPC) against the petitioners.
3. From the complaint petition, it appears that petitioners are Administrative Officers of one M/s. Ujjivan Financial Services Pvt. Ltd. (hereinafter be referred to as the “Organization”), a company, registered and incorporated under Company’s Act having its headquarter at Bangalore. The said Organization is a micro finance institution registered under RBI acting under the control and guidance of RBI. It is further submitted that Organization was incorporated with the mission to provide financial services to the poor customers to alleviate poverty. The Organization provides full range of financial services required by the customers. Primarily it serves low income group women customers. It is not like a
Criminal proceedings ought not to be scuttled at the initial stage. Quashing of a complaint should rather be an exception and a rarity than an ordinary rule. Considering the allegations made in the c....
The court affirmed that allegations of misappropriation and cheating warranted further investigation, emphasizing the High Court's limited role in assessing cognizable offences.
Criminal proceedings cannot be sustained against employees without specific allegations of dishonest intention; the matter is purely civil in nature.
Point of law: Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations....
A breach of contract does not constitute cheating unless fraudulent intent is proven at the outset of the agreement, as established in relevant legal precedents.
The court affirmed that criminal proceedings cannot be used as leverage in civil disputes, emphasizing the need for proof of dishonest intent and necessary ingredients for offences claimed. Lack of v....
While exercising powers under Section 482 Cr.P.C., Court has a very limited jurisdiction and is required to consider “whether any sufficient material is available to proceed further against accused f....
The court affirmed that a party only involved in a civil contract cannot face criminal liability unless it directly transacted or misappropriated funds, supporting the need for a clear distinction be....
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.
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