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ARUN DEV CHOUDHURY
Santosh Choudhury S/o Sri Shyam Kishor Choudhury – Appellant
Versus
Deepak Kumar Rajak S/o Sri Indra Deo Rajak – Respondent
JUDGMENT :
1. Heard Mr. L. Mohan, learned counsel for the petitioner. Also heard Mr. Deepak Kumar Rajak, the respondent in person.
2. The present petition is filed under Section 482 of the Criminal Procedure Code, 1973 for setting aside and quashing C.R. Case No. 2124c/2012 instituted by the sole respondent under Sections 417/406/506 of the IPC pending for trial before the learned Additional Chief Judicial Magistrate, Kamrup at Guwahti. The further challenge is an order dated 14.02.2013 passed by the learned Additional Chief Judicial Magistrate, Kamrup (M) at Guwahati whereby cognizance of offences under Section 417/406/506 of IPC was taken against the petitioner.
3. The allegations levelled in the complaint case are to the following effect:-
I. The complainant is an Advocate by profession and doing taxation practice. His client “Cambridge Educational Trust” approached the accused petitioner to do a project for sanction of a loan and in turn, the complainant delegated the aforesaid project to the accused as the accused introduced the complainant to be a person dealing with such project.
II. It is the further case that the complainant paid an amount of Rs. 10,000/- by cheque to the accus
The court established that allegations of non-return of funds in a professional context do not constitute criminal offences under IPC Sections 417, 406, or 506.
While exercising powers under Section 482 Cr.P.C., Court has a very limited jurisdiction and is required to consider “whether any sufficient material is available to proceed further against accused f....
Prima facie evidence of cheating under Section 420 of the Indian Penal Code was sufficient for the Trial Court to take cognizance and proceed with the case.
A criminal complaint must not be lodged when the dispute is primarily civil; therefore, criminal proceedings are an abuse of law.
The court emphasized that allegations of fraudulent financial transactions satisfy the essential ingredients for criminal liability under IPC Section 420, and cannot be dismissed as merely civil disp....
Point of law: Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations....
The court established that a civil dispute can coexist with criminal allegations, and the mere existence of a civil remedy does not negate the possibility of criminal liability if the complaint discl....
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