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PRADEEP KUMAR SRIVASTAVA
Dinesh Kumar Singh, son of late Ram Ekbal Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
(Pradeep Kumar Srivastava, J.)
1. Heard Mr. A.K. Kashyap, learned senior counsel along with Ms. Supriya Dayal, learned counsel appearing on behalf of the petitioner and Mr. Praful Jojo, learned counsel for the State as well as Mr. Birendra Kumar, learned counsel for the opposite party No.2.
2. The instant Criminal Revision is directed against order dated 21st May 2018 passed by Sri Om Prakash, learned Additional Sessions Judge-II, Ramgarh in Criminal Appeal No. 152 of 2012, whereby and whereunder, the Judgment of conviction and order of sentence against the petitioner passed by Ms. Shweta Kumari, learned Judicial Magistrate, 1st Class, Hazaribagh in Mandu (Kujju) P.S. Case No.348 of 2000 corresponding to G.R. No.2459 of 2000 (T.R. Case No.804 of 2012), by which, the petitioner has been convicted under section 420 read with 120(B) of the Indian Penal Code and sentence to undergo RI for a period of 3 years and fine of Rs.5,000/-, in default of payment of fine, the petitioner shall undergo simple imprisonment for 6 months, has been affirmed and appeal has been dismissed.
3. Factual matrix giving rise to this revision is that the informant used to do business of transportation
Conviction under IPC sections 420 and 120-B set aside due to lack of evidence for dishonest intention or conspiracy.
A mere breach of contract does not constitute an offence of cheating under IPC; deception and fraudulent intention must be proven.
For a conviction under section 420 IPC, clear evidence of deception and dishonest intention is required, which was not established in this case.
The central legal point established in the judgment is the requirement of intentional deception and injury for the offense of cheating, as well as the need for an illegal agreement or connivance for ....
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