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SANJAY KUMAR DWIVEDI
Case New Holland Construction Equipment (India) Pvt. Ltd. – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
Heard Mr. A.K. Kashyap, learned senior counsel appearing for the petitioners, Mr. Shiv Shankar Kumar, learned counsel for the State and Mr. P.K. Mukhopadhyay, learned counsel for opposite party no.2.
2. This petition has been filed for quashing of the entire criminal proceeding including the order dated 21.02.2019, whereby, Complaint Case No.1326 of 2018 was transmitted for lodging of FIR under Section 156(3) Cr.P.C. and for quashing the FIR being Telaiya P.S. Case No.109/2019 registered under Sections 406, 420 of the Indian Penal Code, pending in the Court of the learned Chief Judicial Magistrate, Koderma. The cognizance was taken on 10.05.2023 during the pendency of this petition, which was challenged by way of filing I.A. No.7774 of 2023 and the same was allowed vide order dated 29.09.2023. In view of that, the order taking cognizance dated 10.05.2023 is also under challenge in this petition.
3. The complaint case was filed alleging therein that the complainant company is engaged in the business of sales, spares and service support of the petitioner company's construction equipment since 2015. It was alleged that in terms of the of
The court quashed the FIR and related proceedings, determining that the allegations were civil in nature and subject to arbitration, not criminal prosecution.
A mere breach of contract does not constitute a criminal offense unless there is dishonest intention from the outset; judicial mind must be applied before directing police investigation under Section....
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 court affirmed that a party only involved in a civil contract cannot face criminal liability unless it directly transacted or misappropriated funds, supporting the need for a clear distinction be....
Direction for Police investigation – Every breach of contract cannot be subject matter of criminal case unless there is deception played at very inception.
Dishonest or fraudulent intention must be present at the inception of a transaction to establish offences of cheating and criminal breach of trust; mere breach of contract does not constitute a crimi....
Allegations of dishonest misappropriation and breach of trust in contractual agreements can sustain criminal liability under IPC, irrespective of the civil nature of disputes.
Criminal liability cannot arise from mere breach of contract unless fraudulent intent is established; disputes governed by an arbitration clause should be resolved civilly.
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