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ANIL KUMAR CHOUDHARY
Associate Engineers and Automotive Company – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Anil Kumar Choudhary, J.
1. Heard the parties.
2. No one turns up on behalf of the opposite party no.2 in-spite of repeated calls even if the notice has been validly served upon the opposite party no.2.
3. 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 F.I.R. of Sonari P.S. Case No. 156 of 2021 registered for the offence punishable under Section 406, 420, 467, 468, 471, 504, 506 & 120B of the Indian Penal Code.
4. Perusal of the record reveals that the allegations against the petitioners are that the petitioner no.1 is a partnership firm and the petitioner nos. 2 to 4 are the partners of the said partnership firm. The petitioner nos. 2 & 3 on behalf of the petitioner no.1 approached the complainant and asked him to supply certain articles with a promise to make payment. The complainant supplied articles worth Rs.39,43,412/-. Later on, the petitioner nos. 2 & 3 being the signing authority issued a cheque for a sum of Rs.16,63,412/- dated 22.07.2020. The cheque was dishonoured for insufficient funds. The complainant tried to contact the petitioners but the petitioners avoided the c
To establish criminal breach of trust, it must be shown that the accused dishonestly disposed of or retained property, which was not evidenced in this case.
Essential elements for criminal breach of trust include entrustment and dishonest intention; mere breach of contract does not establish criminal culpability.
Mere default in loan repayment does not constitute cheating unless there was deception at the inception of the contract.
Allegations of misappropriation under IPC Sections 406 and 34 cannot proceed without evidence of entrustment and dishonest intent; mere inability to repay a loan does not constitute criminal breach o....
Not every breach of contract amounts to criminal offences under the Indian Penal Code; deception at the inception is crucial for an offence under Section 420 IPC, and clear entrustment is required fo....
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.
Allegations must demonstrate elements of criminal offenses; lack of evidence led to quashing proceedings to prevent abuse of legal process.
A breach of contract does not constitute cheating unless there is initial deception; mere non-payment does not amount to criminal breach of trust.
For offences under IPC Sections 420 and 406, mens rea must be established from the inception; mere breach of contract does not constitute a criminal offence without evidence of fraudulent intent.
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