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TIRTHANKAR GHOSH
Ram Charan Bansal Construction Pvt. Ltd. – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Tirthankar Ghosh, J.
1. The present revisional application has been preferred challenging the proceeding arising out of a complaint case being CR Case No. 333 of 2017 under Section 420 and 120B of the Indian Penal Code pending before the Learned Judicial Magistrate 3rd Court Siliguri.
2. The allegations made in the petition of complaint were to the effect that as follows:
That in pursuance of accused person's order the complainant company supplied 11 nos of 630 mm PN 4 PE 80 HDPE Pipe (6 Mtr. Long) amounting to Rs. 4,75, 200.00 to the accused persons vide tax invoice no UPPLT/029/16-17 and Challan No. 029/16-17 dated 06.12.2016 upon receipt of Rs. 1,50,000/- as advance and the accused persons assured the complainant to pay the balance amount of Rs. 3,25,000/- (Approx) to and in favour of the complainant company upon receipt of goods by the accused persons.
That considering the relationship between the complainant and the accused persons the complainant supplied the above materials as per the de
A mere breach of contract does not constitute an offence under Section 420 IPC unless fraudulent intention is established at the time of the promise.
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....
No offence under Sections 406/420 IPC without deception at transaction inception or entrustment with dishonest misappropriation; business account disputes civil, not criminal; proceedings quashed und....
Breach of contract via delayed sub-standard supply not offences under Sections 406/420 IPC without initial deception or property entrustment.
Disputes arising from financial transactions, lacking evidence of fraudulent intent, cannot suffice for charges of cheating or criminal breach of trust.
Mere non-payment for goods in a civil transaction cannot constitute cheating or criminal breach of trust under IPC; intent must be proven.
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 main legal point established in the judgment is that a dispute primarily civil in nature, such as non-payment under a contractual liability, does not necessarily constitute an offence under Secti....
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.
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