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ANIL KUMAR CHOUDHARY
Arup Bhattahargee @ Arup Kumar Bhattacherjee – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to quash the entire criminal proceeding in connection with Complaint Case No. 67 of 2021 registered for the offences punishable under Section 420, 406, 504, 506 of IPC pending in the court of learned JMFC, Jamshedpur as well as the order dated 05.08.2022 passed by learned JMFC, Jamshedpur whereby and where under, learned Magistrate has taken cognizance for the offences punishable under Section 406 and 420 of IPC against the petitioner.
3. The allegation against the petitioner is that the petitioner being the Project Head of Kalinganagar unit of JUSCO, entrusted some work to be done by the complainant, but did not make the payment for the same.
4. Learned counsel for the petitioner submits that the petitioner is working as Chief D.M., (Odisha Business) in the Tata Steel Utilities and Infrastructure Services Limited (TATA STEEL UISL) commonly known as JUSCO. It is next submitted by learned counsel for the petitioner that this complaint has been filed after an inordinate delay of eight y
Every breach of contract does not constitute cheating; deception must be established from the inception for criminal liability.
The court ruled that allegations against non-existent posts do not constitute a basis for criminal proceedings, emphasizing the necessity of specific accusations against individuals for liability.
The judgment established that not every breach of contract amounts to a criminal offence and emphasized the importance of the presence of deception and dishonesty at the inception of a transaction to....
No offence under Sections 406/420 IPC without deception at transaction inception or entrustment with dishonest misappropriation; business account disputes civil, not criminal; proceedings quashed und....
The mere breach of contract does not establish a case for criminal offences of cheating or breach of trust without evidence of deception or proper entrustment.
The main legal point established in the judgment is that a dispute primarily civil in nature, such as non-payment under a contractual liability, does not necessarily constitute an offence under Secti....
The main legal point established in the judgment is that every breach of contract does not give rise to an offence of cheating, and the intention to cheat must be present at the very inception. The j....
Point of law : exercise powers under Section 482 CrPC, the complaint in its entirety shall have to be examined on the basis of the allegation made in the complaint/FIR/charge-sheet and the High Court....
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