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KAUSHIK GOSWAMI
Niaz Ahmed, Managing Director – Appellant
Versus
State Of Nagaland – Respondent
JUDGMENT :
Heard Mr. S. H. Sikdar, learned counsel for the petitioner. Also heard Ms. S. Mere, learned P.P. for the State and Mr. P. Surien, learned counsel for the respondent Nos. 2 to 5.
2] By way of this petition, under Section 482 of the Code of Criminal Procedure, 1973, the petitioner is seeking quashing of entire criminal proceeding in respect of GDE No.09/2023 dated 12.07.2023 of Sub-Urban Police Station, Dimapur, Nagaland.
3] The facts of the case is that the respondent Nos. 2 to 5 lodged a complaint dated 12.07.2023 before the Officer-in-Charge Sub-Urban Police Station Dimapur Nagaland alleging that the accused/petitioner and the Directors of the 4 proprietorship firm of which the respondent Nos. 2 to 4 are proprietor has entered into an agreement whereby the accused/petitioner was required to supply electrical products to the warehouses of the respondents. It is alleged in the complaint that though initially the delivery was made as agreed however, later on the delivery was stopped. It is further alleged that despite repeated reminders, the accused/petitioner failed to deliver the agreed products and in this manner it is alleged that the accused/petitioner has intentionally
Criminal proceedings cannot be initiated for mere breach of contract; allegations must disclose a criminal offence to justify prosecution.
Dishonest or fraudulent intention must be present at the inception of a transaction to establish offences of cheating and criminal breach of trust; mere breach of contract does not constitute a crimi....
Criminal proceedings cannot be initiated for disputes that are purely civil, especially where the essential ingredients of the alleged offences are not met.
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....
Mere non-payment for goods in a civil transaction cannot constitute cheating or criminal breach of trust under IPC; intent must be proven.
A mere commercial dispute, characterized by lack of initial dishonest intention, cannot constitute criminal offenses of cheating or breach of trust.
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....
A mere breach of contract does not constitute criminal liability under IPC unless fraudulent intent is established at the time of inducement.
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