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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Saloni Salvi, Daughter of Late Prasenendu Chandra Pandey – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. petitioner accused of not returning advance money. (Para 2 , 3) |
| 2. intention to cheat must be proven. (Para 4 , 5 , 8) |
| 3. lack of dishonest intent negates cheating. (Para 6 , 7) |
| 4. specific allegations necessary for prosecution. (Para 9 , 10) |
| 5. absence of entrustment excludes criminal breach. (Para 11 , 12) |
| 6. criminal proceedings quashed due to meritless charges. (Para 15 , 16) |
JUDGMENT :
Cr.M.P. No.695 of 2025
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the B.N.S.S., 2023 with the prayer to quash and set aside the entire criminal proceeding arising out of Complaint Case No.319 of 2022 including the order taking cognizance dated 10.02.2025 passed by learned Chief Judicial Magistrate, Pakur whereby and where under the learned Chief Judicial Magistrate, Pakur has found prima facie case for the offences punishable under Sections 420/406 of the Indian Penal Code against the petitioner.
4. Learned counsel for the petitioner relying upon the judgment of the Hon’ble Supreme Court of India in the case of Uma Shankar Gopalika vs. State of Bihar & Another reported in (2005) 10 SCC 336 paragraph-6 of which re
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