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BIBHAS RANJAN DE
EMTA Coal Ltd. – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Bibhas Ranjan De, J.
1. Present application under Section 482 of the Code of Criminal Procedure (for short Cr.P.C.) has been filed by the petitioner herein with a prayer for quashment of the proceedings in connection with G.R. Case No. 1742 of 2022 arising out of Barjora Police Station Case No. 245 of 2022 dated 28.12.2022 under Sections 406/417/420/120B of the Indian Penal Code (for short IPC) presently pending before the Court of Ld. Chief Judicial Magistrate, Bankura (for short C.J.M.).
Factual backdrop:
2. The impugned proceeding was put into motion by a complaint lodged by the opposite party no. 2 herein with the Superintendent of Police (for short SP) Bankura who in turn forwarded the same to the Officer-in-charge (for short O.C.) of Barjora Police Station for enquiry and upon completion of enquiry the SP granted permission to the O.C., Barjora P.S. to register a case. As a sequel, a specific case being no. 245/2022 was registered by the Barjora P.S. on 28.12.2022.
3. The allegations alienated in the said complaint are to the effect that the opposite party no. 2/M/s G.S. Atwal & Company engaged in the business of excavation and mining activities including providing Heav
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....
The Court held that the essential ingredients of the offences alleged against the petitioners are not present. The Court also noted that the dispute between the parties is essentially civil in nature....
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 held that mere non-payment of dues in a commercial transaction does not constitute criminal offences under IPC Sections 406 and 420, emphasizing the distinction between civil and criminal l....
Non-payment of dues does not constitute criminal cheating or breach of trust unless fraudulent intent is established from the inception of the transaction.
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....
Mere non-payment for goods in a civil transaction cannot constitute cheating or criminal breach of trust under IPC; intent must be proven.
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