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IN THE HIGH COURT AT CALCUTTA
Ajay Kumar Gupta, J, AJAY KUMAR GUPTA
Rohit Patni – Appellant
Versus
G. Jagwani – Respondent
| Table of Content |
|---|
| 1. criminal proceedings initiated from a complaint. (Para 1 , 2 , 3 , 4 , 5) |
| 2. petitioners argue complaint is civil in nature. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 3. opposite party claims intentional deceit by petitioners. (Para 13 , 14 , 15 , 16) |
| 4. court evaluates elements of criminal offences. (Para 18 , 19 , 20 , 21 , 22) |
| 5. account of non-payment as civil dispute. (Para 29 , 30 , 31) |
| 6. court quashes proceedings under criminal law. (Para 32 , 33 , 34) |
| 7. final order quashing criminal complaint. (Para 37 , 38 , 39 , 40 , 41 , 42) |
JUDGMENT :
Ajay Kumar Gupta, J.
1. This instant Criminal Revisional application has been filed by the petitioners/accused persons under Section 482 of the Code of Criminal Procedure, 1973 (in short Cr.P.C.), seeking quashing of the proceeding arising out of Complaint Case No. C-4252 of 2016 under Sections 420 /406/120B of the Indian Penal Code, 1860 (in short IPC ) initiated by the Opposite Party No. 1 under Section 156 (3) of the Cr.P.C. before the Learned Chief Judicial Magistrate, Alipore on 23rd November, 2016, which was subsequently converted to Section 200 of the Cr.P.C., now pending before the Court of the Learned 5th Judicial Magistrate, Ali
Mere non-payment for goods in a civil transaction cannot constitute cheating or criminal breach of trust under IPC; intent must be proven.
Non-payment of dues does not constitute criminal cheating or breach of trust unless fraudulent intent is established from the inception of the transaction.
The court held that mere non-payment of dues in a commercial transaction does not constitute criminal offences under IPC Sections 406 and 420, emphasizing the distinction between civil and criminal l....
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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