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SANJAY KUMAR DWIVEDI
BALCO Limited – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard Mr. Indrajit Sinha, learned counsel appearing for the petitioner, Mr. Manoj Kumar, learned G.A.-III for the State and Mr. Shresth Gautam, learned counsel appearing for the respondent No. 2.
2. Prayer in this petition is made for quashing of the order dated 14.06.2023, passed by the learned Judicial Magistrate, 1st Class, Jamshedpur, in connection with Complaint Case No. 3105 of 2023, whereby, exercising the power under Section 156(3) Cr.P.C., the learned court has been pleased to sent the complaint for registering the FIR and investigation. Further prayer is made for quashing of the entire criminal proceeding, arising out of Sonari P.S. Case no. 101 of 2023, pending in the court of learned Judicial Magistrate, 1st Class, Jamshedpur.
3. The complaint case was filed, which was later on converted in to the FIR, alleging therein that the complainant is a reputed businessman and proprietor of M/s Vassu Enterprises, also a law-abiding citizen of Jamshedpur.
That no complaint has been filed by the complainant against the accused persons either in this court or in any court of law, prior to this application. The complainant does his business of Mater
A mere breach of contract does not constitute a criminal offense unless there is dishonest intention from the outset; judicial mind must be applied before directing police investigation under Section....
Direction for Police investigation – Every breach of contract cannot be subject matter of criminal case unless there is deception played at very inception.
A criminal complaint must not be lodged when the dispute is primarily civil; therefore, criminal proceedings are an abuse of law.
The court emphasized the need for investigation into the allegations and the premature nature of the petition for quashing.
A mere breach of contract does not constitute cheating under criminal law without evidence of fraudulent intent at the time of the contract's formation.
The absence of established intention to cheat from the beginning and the need to make the company a party in cases where a wrong has been done by the company are crucial legal principles established ....
The court affirmed that a party only involved in a civil contract cannot face criminal liability unless it directly transacted or misappropriated funds, supporting the need for a clear distinction be....
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