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NAVNEET KUMAR
Rajeev Kumar Sinha – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
1. Learned counsels for the petitioner and learned Spl. P.P. for the State are present.
2. No one has appeared for the O.P. No. 2.
3. Heard the parties present.
4. Learned counsel appearing on behalf of the petitioner has submitted that this Cr.M.P. has been filed for quashing the entire criminal proceeding in connection with C.P. Case No. 1863 of 2008 including the order taking cognizance dated 01.12.2010 by which the learned Judicial Magistrate 1st class, Dhanbad passed the summoning order finding prima facie case for the offence punishable u/s 403 and 417 of IPC against the several accused persons including the petitioner Rajeev Kumar Sinha as one of them.
5. It has been submitted on behalf of the petitioner that the O.P. No. 2/complainant had filed one complaint vide Complaint Case No. 1863/2008 and briefly pointing out the allegations as set out in the said Complaint that the complainant/O.P. No. 2 was borrower of a financial institution namely IndusInd Bank for the purchase of a Tempo under Hire Purchase Agreement after getting finance from the said bank and this petitioner, at the relevant point of time, was the In-charge (legal) of the said bank and joined the organizati
Fraudulent or dishonest inducement is a crucial element of the offence of cheating under IPC 415, and the distinction between mere breach of contract and cheating is based on fraudulent or dishonest ....
In a hire purchase agreement, the purchaser remains a trustee on behalf of the financer, and ownership remains with the financer. The definition of 'person' under Section 11 of the I.P.C. includes na....
The intention to cheat from the inception is essential for the offense under Section 420, and dishonest disposition or retention is required for the offense under Section 406 of the Indian Penal Code....
In hire purchase agreements, the financier retains ownership, and repossession does not constitute a criminal act, preventing abuse of legal process.
In a hire purchase agreement, the purchaser remains a trustee/bailee on behalf of the financer/financial institution, and ownership remains with the latter. The repossession of the vehicle by the fin....
Criminal intent in property transactions leads to proceedings under IPC, regardless of parallel civil suits.
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