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2025 Supreme(Jhk) 1234
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY, J.
Govind Chandra Patri @ Govind Chand Patri, S/o- Late Raghuram Patri - Appellant
Versus
The State of Jharkhand - Respondent
Cr.M.P. No.2506 of 2024
Decided on : 28-04-2025
Advocate Appeared:
For the Appellant :Mr. Utkarsh Singh, Mr. Prakhar Harit, Advocate, Mr. K. Hari, Advocate
For the State : Mrs. Nehala Sharmin, Spl.P.P.
A mere breach of contract does not constitute a criminal offence under IPC unless fraudulent intent is established at the transaction's inception.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 528 - Indian Penal Code - Sections 406, 420, 504, 506 - Quashing of criminal proceedings - Allegations insufficient to establish charges; the dispute is civil in nature - Continuation amounts to abuse of process of law. (Paras 12-20)
(B) Criminal procedure - Accused not making fraudulent or dishonest intent at the time of contract does not constitute cheating - Mere breach of contract cannot trigger criminal prosecution unless intent is shown. (Paras 6-8)
(C) Jurisdiction - No part of the alleged cheating occurred in the jurisdiction where proceedings initiated, warranting quashing. (Paras 15-19)
| Table of Content |
|---|
| 1. dispute over unpaid wages and allegations. (Para 4) |
| 2. arguments regarding nature of dispute and legal precedents. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. analysis on allegations and applicability of ipc sections. (Para 12 , 13 , 15 , 16 , 17 , 18) |
| 4. intent needed to establish cheating. (Para 14) |
| 5. criminal proceedings quashed due to lack of merit. (Para 19 , 20 , 21 , 22) |
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 order dated 22.06.2024; the date of which has erroneously been mentioned as 22.07.2024 in the prayer portion of the instant Criminal Miscellaneous Petition.
4. The brief facts of the case is that the complainant came across a person who was working between the petitioner and Reliance Jio Company. The complainant along with ten others worked as labourers under the petitioner at the rate of Rs.300 per day per person. The complainant and the other labourers were marking their attendance over which the employees of the petitioner used to pay the expenses for ration and were putting their signature on the attendance Register. On the basis of the attendance register, the payment used to be made to the petitioner and the other labourers. The petitioner paid up to July, 2016 and in the month of October, 2016, there was due in payable a sum of Rs.7,000/- and in the month of September, 2016, there was a due in payable a sum of Rs.35,000/- and apart from that for the month of October, November and till 15th December, 2016, a total wages of Rs.1,54,965/- was not paid. In February, 2017, the accused persons over mobile phone refused to pay the dues of the complainant and abused her by taking name of the caste of the complainant, who belongs to the Scheduled Caste. The complainant issued a legal notice through his Advocate which was returned unserved with the endorsement that no such addressee is available. The accused-person is not receiving calls made by the complainant over mobile phone. The complainant filed Complaint Case No.442 of 2017 and upon the same being referred to police, Kunda P.S. Case No.39 of 2019 has been registered. Police took up investigation of the case and after completion of the investigation, police found that the petitioner has committed the offences punishable under Section 406 , 420, 504, 506 of the INDIAN PENAL CODE and submitted charge-sheet against the petitioner for having committed the said offences. Consequent upon the same, the learned Additional Chief Judicial Magistrate, Chatra has taken cognizance of the offences as already indicated above vide order dated 22.06.2024.
5. Learned counsel for the petitioners submits that the dispute between the parties is essentially a dispute of civil nature. It is next submitted that all the causes of action have taken place in the State of Orissa and no cause of action has taken place in the District of Chatra, Jh
