Back
IN THE HIGH COURT AT CALCUTTA
BIBHAS RANJAN DE
Ram Sharan Singh – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
BIBHAS RANJAN DE, J.
1. At the very outset it would be pertinent to mention that for brevity of discussion both the revision applications arising out of self same cause of action have been taken up together for disposal via this common judgment.
2. Both the revision applications being CRR 4070 & 4071 of 2024 have been preferred at the behest of the petitioners with a prayer for quashment of the impugned criminal proceedings being complaint case no. 80903 of 2024 (in relation with CRR 4070 of 2024) and complaint case no. 79775 of 2024 (in relation with CRR 4071 of 2024) presently pending before the Court of Ld. 16th Metropolitan Magistrate (presently 16th Judicial Magistrate), Calcutta for the alleged offence under Section 420 of the Indian Penal Code (hereinafter IPC) corresponding to Section 318(4) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter BNS).
Background:-
3. The genesis of the impugned prosecution are the petitions of complaint filed at the behest of the opposite party no. 2 in terms of Section 200 of the Code of Criminal Procedure (hereinafter CrPC) before the Court of Ld. Chief Metropolitan Magistrate, Calcutta alleging inter alia that the complainant company un
A breach of contract alone does not constitute cheating; evidence of fraudulent intent is necessary, including manipulation of financed assets which may suggest dishonesty.
While exercising powers under Section 482 Cr.P.C., Court has a very limited jurisdiction and is required to consider “whether any sufficient material is available to proceed further against accused f....
Criminal proceedings under IPC require evidence of mens rea and deception from inception; mere non-payment of loans does not constitute a crime without fraudulent intent.
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.
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
The court found that a civil dispute may constitute a criminal offence under S.420 IPC if fraudulent intent is present, and the mere existence of a civil remedy does not warrant quashing criminal pro....
A complaint under Section 200 Cr.P.C. must demonstrate a prima facie case of cheating, including proof of dishonest intention, which was not established in this case.
Non-payment of dues does not constitute criminal cheating or breach of trust unless fraudulent intent is established from the inception of the transaction.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
