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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Sanjay Kumar Sharda @ Sanjay Kumar Sarda – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to set aside the entire criminal proceedings initiated against the petitioner in connection with Complaint Case No.3747 of 2024 including the order dated 18.05.2024, the learned Judicial Magistrate-1st Class- XXIII, Ranchi has found sufficient material to proceed with the case inter alia against the petitioner for the offence punishable under Section 420, 120B of the Indian Penal Code.
3. The allegation against the petitioner is that the father of the complainant purchased a property from Padmavati Devi which was subsequently sold by the son of Padmavati Devi namely Rajeshwer Nath Alok in favour of Sanjay Kumar Sharda @ Sanjay Kumar Sarda. The learned Judicial Magistrate-1st Class- XXIII, Ranchi on the basis of the complaint, statement of the complainant on solemn affirmation and the statement of enquiry witnesses have found sufficient material in the record to proceed with the case against the petitioner;as already indicated above.
4. Learned counsel for the petitioner relies upon th
To establish an offence under Section 420 IPC, there must be delivery of property to the person deceived; mere allegations without this element do not suffice.
The court held that allegations against the petitioner-accused No.4 did not constitute cheating under Section 420 IPC due to lack of fraudulent intent.
To substantiate IPC offences, essential elements must be satisfied; mere allegations are insufficient to continue criminal proceedings.
No offence under Sections 406/420 IPC without deception at transaction inception or entrustment with dishonest misappropriation; business account disputes civil, not criminal; proceedings quashed und....
To constitute offences under Sections 420, 323, and 504 IPC, essential ingredients of intent, injury, or insult must be established at the onset; mere breach of contract or abusive language without t....
No charge of inducement or agreement suffices for Sections 420 and 120B IPC; allegations do not meet essential elements, leading to quashing of the cognizance order.
Advance payment under oral sale agreement not entrustment for criminal breach of trust; mere failure to execute sale and selling to third party not cheating absent dishonest intention from inception.
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