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IN THE HIGH COURT AT CALCUTTA
AJAY KUMAR GUPTA
Dasrathbhai Narsangbhai Chaudhary @ Dasrath Chaudhary – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Ajay Kumar Gupta, J.
1. Petitioners being the accused persons have filed this Criminal Revisional application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973 praying for quashing of the Complaint Case No. 180 of 2020 filed by the complainant making accusations under Sections 420/406/34 of the Indian Penal Code, 1860 against the company and its Directors, petitioners herein. The case is now pending before the Court of the Learned Judicial Magistrate, 1st Class, 6th Court, Sealdah, 24 Parganas (South).
2. Short facts, leading to filing of this present Criminal Revisional application, are summarised as under: -
2a. The Opposite Party No. 2 being the ex-employee of Safal Life Science (P) Ltd. (hereinafter referred to as ‘the said company’) filed a complaint before the Court of the Learned Judicial Magistrate alleging, inter alia, that the Opposite Party No. 2/complainant was employed by the Board of Directors of the aforesaid company on 31st day of March, 2017 upon issuing appointment letter. The complainant joined as a Chief Executive Officer with effect from 1st April, 2017 and his salary was fixed by the company @ Rs. 2,50,000/- per month plus
A complaint involving outstanding salary claims does not constitute a criminal offense when it lacks elements of criminal intent, and the appropriate claim should be made in civil courts.
Non-payment of dues does not constitute criminal cheating or breach of trust unless fraudulent intent is established from the inception of the transaction.
Fraudulent intent at the inception of a transaction is essential to establish cheating; mere breach of contract does not constitute a criminal offence.
The main legal point established is the mandatory nature of compliance with Section 202 of the Code of Criminal Procedure before issuing summons to an alleged offender residing outside the Magistrate....
Point of law: Cheating – private complaint - Court has to examine whether the material on record is sufficient and whether the Magistrate is satisfied with the allegations in the complaint
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 Magistrate's duty to conduct an inquiry under Section 202 CrPC before issuing process against an accused residing outside the court's jurisdiction is mandatory and not merely directory, and the M....
The amendment to Section 202 of the Cr.P.C. mandates that a Magistrate must conduct an inquiry before issuing summons against an accused residing outside the jurisdiction, to prevent false complaints....
The High Court established that criminal proceedings cannot be pursued for matters fundamentally rooted in civil disputes, reinforcing the principle against abusing the legal system.
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