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BIBHAS RANJAN DE
Rakesh Setia – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. identical facts and issues in both crr applications. (Para 1 , 2) |
| 2. allegations involve civil nature despite criminal charges. (Para 4 , 58) |
| 3. emphasis on initial intent required for cheating. (Para 19 , 60) |
| 4. court unable to find evidence of fraud or dishonesty. (Para 66 , 68) |
JUDGMENT :
Bibhas Ranjan De, J.
1. Both the CRR application numbers being CRR 12 of 2024 & CRR 14 of 2024 having identical facts and contentious issues are hereby decided via this common judgment.
2. This case was put into motion by a written complaint made by the opposite party no. 2 herein/complainant on 22.06.2023 with the officer in-charge of the Hare Street Police Station which gave rise to the instant case in the year 2023 being Hare Street Police Station Case no. 224 of 2023 dated 01.08.2023 under Sections 406 /420/120B of the INDIAN PENAL CODE (for short IPC) corresponding to G.R. (S) 874 of 2023 presently pending before the Court of Ld. Chief Metropolitan Magistrate, Calcutta.
3. In the written complaint the opposite party no. 2 herein ( in connection with CRR 12 of 2024 & CRR 14 of 2024 respectively) alleged inter alia that the accused persons namely Faizaan Pasa, Nabil Patel, I.A. Sh
Mere breach of contract without initial fraudulent intent does not constitute an offence under IPC sections 406 or 420.
The mere failure to pay for goods in a commercial transaction does not constitute criminal breach of trust or cheating under IPC without evidence of dishonest intention.
The FIR did not disclose essential ingredients of criminal breach of trust or cheating, reflecting a misuse of police powers to convert a civil dispute into a criminal proceeding.
Criminal proceedings cannot be initiated for civil disputes related to money recovery, highlighting the distinction between civil and criminal liability under IPC.
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