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IN THE HIGH COURT AT CALCUTTA
AJOY KUMAR MUKHERJEE
Pinak Bose – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. challenge to pending criminal proceedings. (Para 1 , 2) |
| 2. family business dispute leads to allegations. (Para 3) |
| 3. arguments point to civil nature and absence of criminality. (Para 4 , 5 , 6 , 7) |
| 4. prosecution's stance on prima facie case of criminal offense. (Para 8 , 9 , 10 , 11) |
| 5. court finds no substantive criminal offense established. (Para 12 , 13 , 14) |
| 6. court's decision on civil versus criminal matters. (Para 15) |
| 7. quashment of proceedings based on lack of merit. (Para 16 , 17) |
JUDGMENT :
AJOY KUMAR MUKHERJEE, J.
1. Petitioners herein have challenged the impugned proceeding being Maynaguri P.S. case no. 122 of 2025 under section 316 (2)/ 316 (5)/ 318 (4)/338/61(2)/3 (5) of BNS 2023 pending before CJM, Jalpaguri.
2. The petitioners have been arraigned in the said case as an accused alleging interalia that in the year 2021, the petitioner no.1 in criminal conspiracy with petitioner no.2 had compelled the opposite party no.2 to purchase 35 decimal of land at a consideration of Rs 50 lakhs but the petitioner had executed a deed of gift instead of a deed of sale and thereby the petitioners have evaded the public exchequer to the tune of Rs. 70,000/- which otherw
The court distinguished between civil disputes and criminal allegations, concluding that the FIR lacked basis for cognizable offences under the cited sections.
The central legal point established in the judgment is that for an act to constitute an offence under Section 420 of the Penal Code, there must be fraudulent or dishonest inducement, and the absence ....
Fraudulent intent must be established for criminal liability in financial transactions, distinguishing between civil breaches of contract and criminal offenses like cheating.
Criminal proceedings cannot proceed where allegations only constitute a civil dispute without intent to cheat.
The court established that criminal proceedings cannot be used to settle civil disputes, emphasizing that the FIR lacked allegations constituting a criminal offence and should be quashed.
Criminal prosecution cannot arise from a breach of contract; such grievances are solely civil in nature, thus warranting quashing of the FIR.
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