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ANIL KUMAR CHOUDHARY
Shamim Ahmad – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Anil Kumar Choudhary, J.
1. 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 and set aside the entire criminal proceeding arising out of order dated 16.03.2023, passed by the learned Judicial Magistrate -1st Class, Bokaro in C.P. Case No. 914 of 2022 whereby and where under the learned Magistrate has found prima facie case for the offences punishable under Section 406/420 of the Indian Penal Code.
3. The allegation against the petitioner is that the petitioner is an old acquaintance of the complainant. On 30.09.2016, the petitioner offered the complainant and his friend to invest Rs.5,00,000/- each in the business of the petitioner and promised to return the investment amount within six months and after eight months he will pay an additional amount of Rs.10,00,000/- as profit. An agreement was prepared. The complainant and his friend paid Rs.5,00,000/- each to the petitioner. The petitioner issued cheques as security. After eight months, the petitioner returned Rs.5,00,000/- each to the complainant and his friend. Another agreement was prepared on 03.01.2018 for
A breach of contract does not constitute cheating unless there is initial deception; mere non-payment does not amount to criminal breach of trust.
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.
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.
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....
Inability to repay a loan does not constitute criminal cheating without evidence of fraudulent intent or deception at the transaction's inception.
Mere loan default does not amount to cheating under IPC unless fraudulent intent is proven from the inception of the transaction.
Intention to cheat must be established from the inception of the transaction; absence of mens rea negates the offence under Section 420 IPC.
Breach of contract does not constitute cheating unless deception and dishonest intention at inception. Advance payment for property sale is not entrustment; mere non-execution of sale deed without mi....
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