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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Manoj Agarwalla @ Manoj Kumar Agarwalla, son of Late Basant Agarwalla – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. introduction of the case and factual background. (Para 1 , 2) |
| 2. arguments regarding the legitimacy of the complaint. (Para 3 , 4 , 5 , 6 , 7) |
| 3. court's analysis on the allegations against petitioners. (Para 8 , 10 , 11 , 12 , 13) |
| 4. ruling on quashing the criminal proceedings. (Para 14) |
| 5. final order and conclusion on the case. (Para 15 , 16 , 17 , 18 , 19) |
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
I.A. No.9478 of 2024
Heard the parties.
Learned counsel for the petitioners submits that this interlocutory application has been filed for early hearing of this Criminal Miscellaneous Petition.
Since, the hearing of this Criminal Miscellaneous Petition is taken up today, hence, this interlocutory application stands disposed of being infructuous.
Cr.M.P. No.3359 of 2025
This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash the entire criminal proceeding in connection with Complaint Case No.2703 of 2014 including the order dated 04.03.2015 passed by the learned Judicial Magistrate, Dhanbad whereby and where under the learned Judicial Magistrate, Dhanbad has
The court determined that allegations against the petitioners were devoid of any criminal basis, equating the matter to a civil dispute, thus quashing the criminal proceedings.
A mere breach of contract does not amount to cheating under Section 420 IPC unless there is evidence of dishonest intention from the inception of the transaction.
Sale of undivided joint property share by co-sharers without dishonest intention at inception does not constitute cheating; third-party complainant lacks standing absent purchaser grievance; proceedi....
To substantiate IPC offences, essential elements must be satisfied; mere allegations are insufficient to continue criminal proceedings.
Advance payment under oral sale agreement not entrustment for criminal breach of trust; mere failure to execute sale and selling to third party not cheating absent dishonest intention from inception.
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