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SANJAY KUMAR DWIVEDI
Sandeep Jaiswal @ Sandeep Kumar Jaiswal – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Sanjay Kumar Dwivedi, J.
Heard Mr. Jitendra Kumar Pasari, learned counsel for the petitioner in Cr.M.P. No.1072 of 2015 and for opposite party no.2 in Cr.M.P. No.1126 of 2013 and Mr. Indrajit Sinha through Video Conferencing along with Mr. Rishav Kumar, who is present in the Court, learned counsel for the petitioners in Cr.M.P. No.1126 of 2013 and for opposite party no.2 in Cr.M.P. No.1072 of 2015 and Mr. Fahad Allam and Mr. Shailesh Kumar Sinha, learned counsel for the State in Cr.M.P. Nos. 1072 of 2015 and 1126 of 2013 respectively.
2. In Cr.M.P. No.1072 of 2015, the prayer is made for quashing of the entire criminal proceeding including the order taking cognizance dated 15.04.2013 in connection with Dhanbad (Bank More) P.S. Case No.585/2012, pending in the Court of the learned Judicial Magistrate, Dhanbad.
3. The FIR was lodged alleging therein that opposite party no.2-Rishi Pandey is the Director of M/s Sigma E Solution Private Limited, who used to sell and repair of laptop, desktop, software and computer and he is having good reputation and seeing the his good reputation, the petitioner-Sandeep Jaiswal @ Sandeep Kumar Jaiswal made a cheating with him to give benefit of
Point of law : The making of a false representation is one of the essential ingredients to constitute the offence of cheating under Section 420 I.P.C.. In order to bring a case for the offence of che....
A mere breach of contract does not constitute a criminal offense of cheating unless there is evidence of fraudulent or dishonest intention from the outset of the agreement.
The main legal point established is that fraudulent or dishonest intention is a precondition to constitute the offence of cheating under the Indian Penal Code.
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....
The court established that criminal proceedings cannot be initiated for civil disputes, and the absence of fraudulent intent negates charges of cheating and criminal breach of trust.
Criminal proceedings ought not to be scuttled at the initial stage. Quashing of a complaint should rather be an exception and a rarity than an ordinary rule. Considering the allegations made in the c....
The essential element of dishonest intention must be present from the inception of the transaction for an offence of cheating to be established; mere breach of contract does not suffice for criminal ....
The court established that allegations of cheating and forgery require a clear demonstration of fraudulent intent at the time of the transaction, and that the existence of a civil remedy does not pre....
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