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AJAY KUMAR GUPTA
Ajit Kumar Sinha – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. background of the case (Para 1) |
| 2. details of the complaint (Para 3) |
| 3. cheque dishonour (Para 4 , 7 , 8) |
| 4. assurances and further cheques (Para 5 , 6) |
| 5. outstanding balance (Para 9 , 10) |
| 6. civil liability argument (Para 11 , 12 , 13) |
| 7. legal process argument (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 8. court's analysis of allegations (Para 25) |
| 9. distinction between offences (Para 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41) |
| 10. criminal proceedings quashed (Para 42 , 43 , 44 , 45 , 46) |
JUDGMENT :
1. This instant Criminal Revisional application under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioner/accused seeking for quashing of the proceedings being Complaint Case No. 122006 of 2016 under Sections 406/420 of the Indian Penal Code, 1860 pending before the Court of the Learned Metropolitan Magistrate, 3rd Court at Calcutta including Impugned Order dated 25.11.2016 passed in connection with the proceedings therewith.
3. The Opposite Party No. 2 herein has filed and moved a petition of complaint before the Learned Metropolitan Magistrate being Complaint Case No. 122006 of 2016 alleging
Non-payment of dues does not constitute criminal cheating or breach of trust unless fraudulent intent is established from the inception of the transaction.
Mere non-payment for goods in a civil transaction cannot constitute cheating or criminal breach of trust under IPC; intent must be proven.
Non-payment in a commercial transaction does not constitute criminal breach of trust or cheating unless there is evidence of dishonest intention from the inception.
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....
(1) Issuance of process – Mere existence of some grounds which would be material in deciding whether accused should be convicted or acquitted does not generally indicate that case must necessarily fa....
Fraudulent intent at the inception of a transaction is essential to establish cheating; mere breach of contract does not constitute a criminal offence.
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....
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.
Criminal proceedings cannot be initiated for disputes that are purely civil, especially where the essential ingredients of the alleged offences are not met.
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