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ANIL KUMAR CHOUDHARY
Rakesh Kumar Paswan – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Anil Kumar Choudhary, J.
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 and set aside the entire criminal proceeding along with the order dated 20.04.2023 passed in Criminal Revision No.06/2020 by the learned Addl. Sessions Judge-II, Seraikella whereby and where under the learned Addl. Sessions Judge-II, Seraikella has set aside the order dated 10.02.2020 passed by the learned Sub-Divisional Judicial Magistrate, Seraikella and directed the learned SDJM, Seraikella to pass a fresh order in view of the discussion made in the said order of the Revisional Court in connection with Protest Petition No.6100 of 2017 arising out of Adityapur P.S. Case No.183 of 2013 and the second prayer has been made for quashing the consequential order dated 16.12.2023 passed by the learned SDJM, Seraikella in Protest Petition No.6100 of 2017 by which the learned SDJM, Seraikella has found prima facie case for the offences punishable under Section 406/420 read with 34 of Indian Penal Code inter alia against the petitioners.
3. The allegation against the petit
Criminal proceedings cannot be sustained where allegations do not demonstrate fraudulent intent or dishonest misappropriation from the inception of the transaction.
A mere breach of contract does not constitute cheating or criminal breach of trust without evidence of initial deceptive intent or dishonest misappropriation.
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 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....
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....
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....
Fraudulent intent at the inception of a transaction is essential to establish cheating; mere breach of contract does not constitute a criminal offence.
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.
Criminal proceedings cannot be initiated for disputes that are purely civil, especially where the essential ingredients of the alleged offences are not met.
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