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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Maya Rani W/O Late Vijay Kumar – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. summary of the factual background of the case. (Para 2 , 3) |
| 2. petitioner's argument against accusations. (Para 4 , 5) |
| 3. state's opposition to the petitioner's claims. (Para 6) |
| 4. court's analysis on breach of contract and cheating. (Para 7 , 8 , 9 , 10) |
| 5. decision to quash criminal proceedings. (Para 11) |
| 6. final conclusion and order of the court. (Para 12 , 13) |
JUDGMENT :
Anil Kumar Choudhary, J.
Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 with a prayer to set aside the entire criminal proceedings as well as the order taking cognizance dated 26.09.2023 passed by the learned Chief Judicial Magistrate, Koderma in connection with Complaint Case No.1188 of 2022.
3. The brief fact of the case is that the complainant entered into an agreement with the petitioner for sell of a land for Rs.14,00,000/-. The complainant paid an advance of Rs.1,00,000/- but the petitioner got his land sold to someone else and did not return the money.
4. Learned counsel for the petitioner relies upon the judgment of the Hon’ble Supreme Court of India in the case of Sati
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