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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Binod Kumar S/o Late Braj Kishore Prasad – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
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| 1. allegations against the petitioner involve deception in land development. (Para 2 , 3) |
| 2. cited legal precedents clarify cheating and breach of contract. (Para 4 , 5 , 6 , 7) |
| 3. opposing counsel asserts essential elements of fraud are present. (Para 8 , 9) |
| 4. court outlines essential elements of offence under section 420 ipc. (Para 10 , 11) |
| 5. court dismisses the application for lack of merit. (Para 12) |
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 and set aside the order taking cognizance dated 05.08.2019 passed in Complaint Case No.3729 of 2018 by the learned Judicial Magistrate-1st Class, Ranchi whereby and where under the learned Judicial Magistrate-1st Class, Ranchi has found prima facie case for the offences punishable under Sections 420/406 of the Indian Penal Code against the petitioner.
3. The allegation against the petitioner is that the petitioner, being a developer approached the complainant to develop his land but did not develop his land and by deceiving with dishonest and frau
Fraudulent inducement and dishonesty must be established to constitute cheating under IPC; a mere breach of contract does not suffice.
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....
Under Section 482 CrPC, High Court cannot quash cheating proceedings via mini-trial or on defence pleas; deception from inception essential, oral evidence suffices for payment proof, civil caution in....
A breach of contract does not constitute cheating unless there is initial deception; mere non-payment does not amount to criminal breach of trust.
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....
A civil dispute arising from breach of contract does not constitute criminal offences of cheating or misappropriation under IPC without initial fraudulent intent.
Criminal prosecution for breach of contract requires evidence of fraudulent intent from the inception; mere allegations of non-fulfillment do not suffice to establish offences under IPC sections rela....
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