IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Arshadi Akhter, W/o. Late Jamil Akhtar – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
Heard the parties.
2. Though opposite party No.2 has put his appearance through a lawyer but no one turns up on behalf of the opposite party No.2 in spite of repeated calls.
3. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 with the prayer to quash/set aside the cognizance order dated 29.09.2021 passed by the learned Judicial Magistrate, Ranchi in Doranda P.S. Case No.248 of 2018 corresponding to G.R. No.2386 of 2021 registered for the offences punishable under Sections 420, 406, 120B and 34 of the Indian Penal Code.
4. The allegation against the petitioners is that the petitioner No.1 entered into a development agreement for development of her land by the complainant and as per which, the petitioner No.1 was supposed to get 40% of the constructed area while the remaining 60% was of the complainant. There is also allegation against the petitioners that the petitioner No.1 was having 40% share in Flat No.302 which she offered to sell to the complainant and the complainant accepted the offer and paid Rs.22,65,000/- but the petitioner No.1 has not execu
A civil dispute arising from breach of contract does not constitute criminal offences of cheating or misappropriation under IPC without initial fraudulent intent.
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.
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....
Criminal proceedings cannot be sustained where allegations do not demonstrate fraudulent intent or dishonest misappropriation from the inception of the transaction.
Payment of advance does not imply entrustment necessary for misappropriation under IPC, and cheating requires initial deception, which was lacking in the case.
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....
Not every breach of contract amounts to cheating, and mere retention of property does not constitute dishonest misappropriation. The essential ingredients for criminal offences under the Indian Penal....
A breach of contract does not constitute cheating unless there is initial deception; mere non-payment does not amount to criminal breach of trust.
Criminal proceedings cannot be initiated for disputes that are purely civil in nature, and the High Court has the authority to quash such proceedings to prevent abuse of the legal process.
A breach of contract does not automatically constitute the offence of cheating under the IPC; intention to defraud must be established from the inception of the agreement.
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