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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MITALI THAKURIA
Bhabadwip Borah @ Sri Bhabadup Borah – Appellant
Versus
State Of Assam – Respondent
| Table of Content |
|---|
| 1. setting aside quashing of criminal proceedings. (Para 2 , 3) |
| 2. petitioners argue the case is civil, not criminal. (Para 4 , 5 , 6 , 10) |
| 3. reference to established laws and precedents emphasizing intent in contractual disputes. (Para 8) |
| 4. breach of contract does not always equal criminal offense. (Para 9 , 17 , 18) |
| 5. respondent contends there was intention to cheat. (Para 11 , 12) |
| 6. court finds prima facie case exists against petitioners. (Para 15 , 16 , 19 , 20) |
| 7. petition dismissed, criminal petition concluded. (Para 21) |
JUDGMENT :
MITALI THAKURIA, J.
Heard Mr. M. U. Mahmud, learned counsel for the petitioners. Also heard Ms. S. H. Bora, learned Additional Public Prosecutor for the State respondent No.1 and Mr. K. Brook, learned counsel for the respondent No.2.
2. This application is filed under Section 528 of the BNSS , seeking the setting aside and quashing of PRC Case No. 1587/2022 [corresponding to Jagiroad P.S. Case No. 29/2021], registered under Sections 120(B)/420/406 of the IPC, along with the Charge Sheet, vide C.S. No. 167/2022 and the impugned order dated 11.07.2022, passed by the learned Sub-Divisional Judicial Magistrate (S), Morigaon, whereby cognizanc
A bona fide intention to deceive at the inception of a contractual agreement can constitute a criminal offense, thereby validating the continuation of criminal proceedings despite the availability of....
A mere breach of contract does not amount to a criminal offence unless fraudulent intent is established from the outset.
Criminal proceedings cannot proceed where allegations only constitute a civil dispute without intent to cheat.
Failure to honour land sale agreement, with buyer aware of tenancy restrictions and advance returned, does not constitute cheating or criminal breach of trust absent dishonest intention at inception ....
The main legal point established in the judgment is that the failure to fulfill contractual obligations can constitute cheating under Section 415 IPC if it causes harm to the other party.
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