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SANJAY KUMAR DWIVEDI
Sriram Industries & Exports Ltd. – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. This petition has been filed for quashing the entire criminal proceeding in connection with C-1 Case No.1202/2007 including the order taking cognizance dated 08.08.2013, pending in the court of learned Judicial Magistrate, 1st Class, Jamshedpur.
The clause no.2 of the said offer letter no.SIEL/2004-2005 dated 08.04.2004 is as follows:
Clause 2. Hiring Period of Charges
Rs.8,00,000/- for minimum guarantee period of 4 months and thereafter @ Rs.2,00,000/- per month or part thereof.
The clause no.7 of the said offer le
The main legal point established in the judgment is that allegations regarding the rent of the crane should be subject to civil proceedings, not criminal proceedings, and allowing the criminal procee....
The central legal point established in the judgment is the requirement for prima facie evidence of criminal intent before taking cognizance of a case and the relevance of contractual obligations in d....
The issuance and dishonour of a cheque do not in themselves establish criminal offences of cheating or theft; jurisdiction lies where the act occurs.
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.
A civil dispute may contain elements of criminal wrongdoing, and the existence of a civil remedy does not bar the initiation of criminal proceedings if the allegations suggest potential criminal offe....
A mere breach of contract does not constitute a criminal offense under IPC Sections 406 and 420; criminal proceedings should not be initiated without evidence of fraudulent intent.
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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