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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Akhori Chandreswari Sahay @ Sachin Sahay – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. factual background on advance payments. (Para 2 , 3) |
| 2. arguments on innocence of petitioners. (Para 4 , 8) |
| 3. citations supporting petitioners' claims. (Para 5 , 6 , 7) |
| 4. analysis of legal principles on cheating and entrustment. (Para 9 , 10 , 12) |
| 5. final decision to quash previous orders. (Para 14) |
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
Heard the parties.
2. 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 order dated 16.12.2023 passed by the learned Additional Chief Judicial Magistrate, Hazaribagh in connection with Loshighna P.S. Case No.105 of 2023 corresponding to G.R. Case No.2480 of 2023 whereby and where under the learned Additional Chief Judicial Magistrate, Hazaribagh has taken cognizance of the offences punishable under Sections 406, 420, 34 of the Indian Penal Code.
3. The brief fact of the case is that the petitioners took an advance of Rs.7,00,000/- from the informant for selling his house and land over which the house is situated for a consideration amount of Rs.12,00,000/- . Later on, they also took Rs.5,00,000/- for the
Payment of advance does not imply entrustment necessary for misappropriation under IPC, and cheating requires initial deception, which was lacking in the case.
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.
The mere non-execution of a land sale agreement does not constitute criminal misappropriation or cheating; these offences require proof of initial deception or entrustment, rendering the case a civil....
Breach of contract does not constitute cheating unless deception and dishonest intention at inception. Advance payment for property sale is not entrustment; mere non-execution of sale deed without mi....
Failure to honour land sale agreement, with buyer aware of tenancy restrictions and advance returned, does not constitute cheating or criminal breach of trust absent dishonest intention at inception ....
Continuance of criminal proceedings based on civil disputes, without established fraudulent intent, is an abuse of process of law.
A civil dispute arising from breach of contract does not constitute criminal offences of cheating or misappropriation under IPC without initial fraudulent intent.
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