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IN THE HIGH COURT AT CALCUTTA
CHAITALI CHATTERJEE DAS
Bidisha Bhattacharjee – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
CHAITALI CHATTERJEE DAS, J.
1. This revision application is filed for quashing of the proceedings in connection with special case no. 25 of 2022 arising out of G.R. Case no. 872 of 2022, under Section 420 /406/409/34 of the Indian Penal Code, where the charge-sheet has been submitted on 8.6.2022, under Sections 420 /406/409/467/468/471/477A/34 of the Indian penal code, 1860 pending before the Learned Special Judge, 1st Court, Hooghly.
2. The petitioner has been arraigned as an accused person in a criminal case initiated on the basis of a complaint lodged by the complainant/Opposite Party, No.2 alleging inter alia that on advice by Hooghly zonal office of UCO Bank, Bhadeshwar Branch on January 10, 2022, by Chief Manager of Bandel Branch, Shri P.K. Patra, a huge cash shortage of Rs. 7.5 lakhs was detected. It was alleged that after closure of cash transaction for January 10, 2022, cash ledger balance was found to be of Rs. 36, 56, 844, 58, whereas physical balance was Rs. 29,06,844,58. No cash, summary was available in the branch for January 7, 2022, and on further enquiry revealed unauthorised withdrawal of physical cash to the tune of Rs. 7.50 lakhs on January 7, 2022 from
The court reiterated that charges under Sections 406 and 420 IPC cannot coexist for the same transaction and emphasized cautious exercise of powers to quash proceedings, only to prevent abuse of proc....
The Court held that the inherent power of the High Court under Section 482 CrPC can be exercised to quash a criminal proceeding if it is found that the proceeding is an abuse of the process of the Co....
A person cannot be charged with both cheating and criminal breach of trust for the same transaction; the prosecution must prove the specific elements of each offence beyond reasonable doubt.
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 court established that criminal proceedings cannot be initiated for civil disputes, and the absence of fraudulent intent negates charges of cheating and criminal breach of trust.
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.
Loan account adjustment disputes are civil, not criminal under cheating or breach of trust; requires dishonest intent from inception or entrustment, absent here; cannot invoke criminal process for ci....
The court affirmed that criminal proceedings cannot be used as leverage in civil disputes, emphasizing the need for proof of dishonest intent and necessary ingredients for offences claimed. Lack of v....
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