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ARVIND KUMAR VERMA
M. Balaji S/o Late M. Sarthi – Appellant
Versus
K. Vasudev Rao S/o K. Suryanarayan – Respondent
ORDER :
1. Heard.
2. Admit.
3. With the consent of the parties, matter is heard finally.
4. Complainant/petitioner has filed this petition under Section 482 of the Criminal Procedure Code, 1973 (for short ‘the Code of 1973’) against the order dated 10.1.2019 passed by learned 7th Additional Sessions Judge, Bilaspur in Criminal Revision No. 253/18 thereby affirming the order dated 7.8.2018 passed by learned Judicial Magistrate 1st Class, Bilaspur rejecting complaint filed by complainant/petitioner under Section 200 of Cr.P.C.
5. Facts of the case, in nutshell, are that petitioner and respondent No. 1 being residents of same locality were known to each other. Respondent No. 1 contacted petitioner, sought financial help of Rs.1,50,000/- to fulfill his domestic need and promised that he will return money within two years. He also executed an agreement on 10.9.2014 and pursuant thereto petitioner extended help of Rs.1,50,000/- to respondent No. 1 in cash. When respondent No. 1 has refused to return the amount within agreed period, petitioner sent legal notice through his advocate asking him to return the amount, but he neither responded to legal notice nor returned the amount. Petitioner app
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.
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 main legal point established in the judgment is that the absence of dishonest intention and the essential elements of cheating under Section 420 IPC led to the dismissal of the complaint under Se....
Point of Law : An order under Section 156 (3) of the Code is revisable, the same would amount to clothing the Sessions Court with the power of quashing the FIR or investigation. Such power is conferr....
A criminal complaint must not be lodged when the dispute is primarily civil; therefore, criminal proceedings are an abuse of law.
Point of law : Whenever a Magistrate decides to refer a complaint to investigation by police under Section 156(3) Cr.P.C., he does not take cognizance, he awaits the filing of charge sheet and takes ....
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