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RAI CHATTOPADHYAY
Shree Coke Manufacturing Company Pvt. Ltd. – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Rai Chattopadhyay, J.
1. In this case the petitioners, i.e., a juridical person/company namely, Shree Coke Manufacturing Company Pvt. Ltd. and its officer, have prayed for quashing of the criminal proceeding against them, which was initiated pursuant to the complaint, being Hare Street Police Station Case No.420 dated 09.07.2015 under Sections 120B/420/406 IPC. The connected G.R case is G.R. No. 1597/15, now pending in the Court of Ld. Chief Metropolitan Magistrate at Calcutta. Opposite party No.2, i.e., another juridical person namely, M/s. Prasad Seeds Pvt. Ltd. and its officer are the complainant.
2. The dispute arose and the offences of cheating and criminal breach of trust, have been levelled, with respect to alleged deception and fraud committed through an ‘agreement for sale’, entered into between the petitioner and the opposite party No.2 companies, on 16.04.2015. Sale was relating to 244 decimals of agricultural land comprised in Dag No.358 (part), 359 (part), 360 (part), 362 and 363, Mouza - Palroah, J.L.No.10, L.R Khatian No. 496, 495, situated within jurisdiction of Uluberia Police Station in Howrah. By executing the said agreement for sale the petitioner/compan
Criminal proceedings cannot proceed where allegations only constitute a civil dispute without intent to cheat.
The court found that a civil dispute may constitute a criminal offence under S.420 IPC if fraudulent intent is present, and the mere existence of a civil remedy does not warrant quashing criminal pro....
Breaches of commercial agreements do not constitute criminal offenses unless fraudulent intent is established at the outset, reinforcing that civil disputes should not be converted into criminal matt....
The main legal point established in the judgment is the requirement for allegations to constitute a cognizable offense and the application of the legal maxim 'Caveat Emptor' in property transactions.
The main legal point established in the judgment is that the offence of cheating under Sections 415 and 420 of the IPC requires the presence of fraudulent or dishonest intention to induce delivery of....
The central legal point established in the judgment is that for an act to constitute an offence under Section 420 of the Penal Code, there must be fraudulent or dishonest inducement, and the absence ....
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