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ANIL KUMAR CHOUDHARY
Amitabh Thakur – 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 of the Code of Criminal Procedure with a prayer to quash the F.I.R. of Kadma P.S. Case No.147 of 2022 registered for the offence punishable under Sections 406 and 420 of the Indian Penal Code arising out of Complaint Case No.418 of 2021 along with entire criminal proceedings of the said case which is now pending before the learned S.D.J.M., Jamshedpur.
3. The brief facts of the case is that the petitioner availed a loan for working capital of Rs.6,00,000/- on 19.09.2017 from the complainant Bank by executing various loan documents but subsequently he defaulted in repayment of the loan amount and changed his residential address and mobile number without informing the Bank as the complainant- Bank was of the feeling that right from the beginning the petitioner-accused approached the Bank with dishonest intention of cheating and committed criminal breach of trust and due to this reason he has planned with cool mind and changed his residential address and committed criminal breach of trust for his illegal gai
Mere default in loan repayment does not constitute cheating unless there was deception at the inception of the contract.
Inability to repay a loan does not constitute criminal cheating without evidence of fraudulent intent or deception at the transaction's inception.
To constitute cheating or criminal breach of trust, there must be deceit at inception or dishonest misappropriation; mere breach of contract without such elements does not attract IPC provisions.
A mere loan dispute does not amount to criminal breach of trust or cheating without evidence of entrustment or fraudulent intent.
A breach of contract does not constitute cheating unless there is initial deception; mere non-payment does not amount to criminal breach of trust.
Mere loan default does not amount to cheating under IPC unless fraudulent intent is proven from the inception of the transaction.
Essential elements for criminal breach of trust include entrustment and dishonest intention; mere breach of contract does not establish criminal culpability.
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....
Mere breach of friendly loan repayment or promised work without dishonest intention from inception or entrustment does not constitute offences under Sections 406 or 420 IPC; remains civil dispute.
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