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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Jageshwar Gope son of Girdhari Gope – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
1. 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 with a prayer to quash and set aside the entire criminal proceeding including the order dated 11.04.2022 passed by learned Sub- Divisional Judicial Magistrate, Bermo at Tenughat in Gomia P.S. Case No.23 of 2015 arising out of G.R. No.175 of 2015 whereby and where under the learned Sub-Divisional Judicial Magistrate, Bermo at Tenughat has taken cognizance of the offences punishable under Sections 420 , 406, 468 & 120B of the Indian Penal Code against the petitioner.
3. The brief fact of the case is that the petitioner and the opposite party no.2 used to do contractual job together with the Kathara Colliery of Central Coalfields Limited. The complainant authorized the petitioner to file a bid in a tender floated by the Kathara Colliery of Central Coalfields Limited, on behalf of the complainant and gave Rs.58,300/- by way of bank draft to be deposited along with bid documents. The allegation against the petitioner is that the petitioner instead of depositing bid in the name of the comp
Breach of contract alone does not constitute cheating without initial deception; essential elements of the IPC offences were not established.
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....
The absence of initial deception or property entrustment negates offences of cheating and criminal breach of trust under IPC sections 420 and 406.
For offences under IPC Sections 420 and 406, there must be initial deception and property entrustment; lack of such elements results in quashing of proceedings.
A mere inability to repay a loan does not amount to cheating unless there was deception 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....
Intention to cheat must be established from the inception of the transaction; absence of mens rea negates the offence under Section 420 IPC.
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.
A mere breach of contract does not constitute cheating or criminal breach of trust without evidence of initial deceptive intent or dishonest misappropriation.
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