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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Prem Nath Choudhary – 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 the prayer to quash/set aside the entire criminal proceeding including the order taking cognizance dated 11.06.2019, passed by the learned Judicial Magistrate -1st Class, Koderma in Complaint Case No. 1571 of 2018 involving the offences punishable under Sections 420/323/504 of the Indian Penal Code against the petitioners.
3. The learned counsel for the petitioners submits that charge has not yet been framed in this case and the case is listed for evidence before charge before the trial court.
4. The allegation against the petitioners is that, the petitioners went to the house of the complainant and approached him to purchase one Back Loader worth Rs. 23,81,000/-. The complainant paid Rs.7,50,000/-. After that the petitioners promised to deliver the vehicle within fifteen days therefrom but the petitioners did not give the vehicle to the complainant. On 25.11.2018, when the complainant went to the petitioners, the petitioners abused him and drove him out by pushing him. There is f
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For an offense of cheating under Section 420 IPC, there must be deception at inception; mere breach of contract is insufficient to establish criminal liability.
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To substantiate IPC offences, essential elements must be satisfied; mere allegations are insufficient to continue criminal proceedings.
A loan default does not constitute cheating unless there was fraudulent intention at the inception of the agreement, distinguishing civil disputes from criminal offenses.
Breach of contract via delayed sub-standard supply not offences under Sections 406/420 IPC without initial deception or property entrustment.
Quashing under Section 482 CrPC not warranted in cheating cases with deception at inception inducing parting with money, confirmed by police charge-sheet; Magistrate cannot alter sections at cognizan....
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