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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Vameshwar Prasad Singh S/o Late Rajendra Narayan Singh – 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, 1973 with a prayer to quash the entire criminal proceeding arising out of Giridih Nagar P.S. Case No.37 of 2023 registered for the offence punishable under Sections 406, 420, 467, 468, 471 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that the investigation of the case is still going on and charge-sheet has not yet been submitted in this case.
4. The allegation against the petitioners is that the petitioners entered into an agreement for sale with the informant, took an advance and thereafter also took some more money but subsequently they entered into an agreement with other persons and executed power of attorney in favour of them also.
5. Learned counsel for the petitioners submits that even if the entire allegations made against the petitioners are considered to be true in their entirety still none of the offences in respect of which the F.I.R. has been registered, is made out against either of the petitioners. It is further submitted that there is no alle
Continuance of criminal proceedings based on civil disputes, without established fraudulent intent, is an abuse of process of law.
Payment of advance does not imply entrustment necessary for misappropriation under IPC, and cheating requires initial deception, which was lacking in the case.
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....
The court affirmed that without personal wrongdoing or clear involvement in company actions post-resignation, criminal liability cannot be established, and proceedings can be quashed as an abuse of p....
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.
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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