Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Govind Chandra Patri @ Govind Chand Patri, S/o- Late Raghuram Patri – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
By the Court:- I.A. No.4589 of 2025 Heard the parties.
2. Learned counsel for the petitioner submits that this interlocutory application has been filed for early hearing of this Criminal Miscellaneous Petition.
3. Since hearing of this Criminal Miscellaneous Petition is taken up today, hence, this interlocutory application is disposed of being infructuous.
Cr.M.P. No.2506 of 2024
Heard the parties.
2. No one turns up on behalf of the opposite party No.2 even though the notice has validly been served upon opposite party No.2.
3. 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 quash all the criminal proceedings and prosecution arising out Kunda P.S. Case No.39 of 2019 corresponding to G.R. Case No.300 of 2024, in which after submission of charge-sheet, the learned Additional Chief Judicial Magistrate, Chatra has taken cognizance of the offences punishable under Section 406 , 420, 504, 506 of the INDIAN PENAL CODE against the petitioner and prayer has also been made in this criminal miscellaneous petition, to quash the cognizance or
A mere breach of contract does not constitute a criminal offence under IPC unless fraudulent intent is established at the transaction's inception.
For an offense of cheating under Section 420 IPC, there must be deception at inception; mere breach of contract is insufficient to establish criminal liability.
Mere loan default does not amount to cheating under IPC unless fraudulent intent is proven from the inception of the transaction.
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....
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.
Inability to repay a loan does not constitute criminal cheating without evidence of fraudulent intent or deception at the transaction's inception.
Intention to cheat must be established from the inception of the transaction; absence of mens rea negates the offence under Section 420 IPC.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
