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IN THE HIGH COURT AT CALCUTTA
AJOY KUMAR MUKHERJEE
Tapan Dhar – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Ajoy Kumar Mukherjee, J.
1. Petitioners herein have sought for quashing of the proceeding being G.R case no. 1655 of 2014, pending before the court of learned Additional Chief Judicial Magistrate, Serampore under section 406/120B/468/506/34 of the Indian Penal Code.
2. The opposite party no. 2 herein filed a complaint before the Magistrate for a direction in terms of section 156(3) of the Code of Criminal Procedure upon the concerned police station to treat petition of complain as FIR and to start investigation. Upon learned magistrate’s direction instant Uttarpara police station case no. 290/ 2014 was started.
3. The allegation levelled in the said complaint inter alia to the effect that the opposite party no. 2 is one of the Directors of M/S A.D Nirman Pvt. Ltd and as a promoter he had to take loans from different person including the petitioner no. 1 herein and in turn he had to execute two agreements, showing payment of Rs.3,90,000/- for a flat measuring 150 sq. ft. It is stated that after completion of multi-storeyed building, the opposite party no. 2 had to take shelter at a different place due to some other litigations but before leaving the site area, due to induceme
Mere breach of contract cannot constitute cheating or criminal breach of trust without evidence of fraudulent intent; suppression of material facts by the complainant invalidates the proceedings.
Criminal liability under IPC requires clear evidence of intentional wrongdoing, which was absent; thereby, genuine civil disputes cannot sustain criminal charges.
Section 405 IPC defines criminal breach of trust.
The judgment establishes that criminal proceedings cannot be initiated for disputes that are fundamentally civil in nature, and that the essential ingredients of the alleged criminal offences must be....
Offence of cheating - Quash of criminal complaint - There is no fraudulent or dishonest inducement of a person induced to deliver any property to any person again same is not the case her – Court not....
Criminal proceedings should not be initiated for disputes that are fundamentally civil in nature, and the essential ingredients of the alleged offenses must be clearly established for prosecution und....
Fraudulent intent at the inception of a transaction is essential to establish cheating; mere breach of contract does not constitute a criminal offence.
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