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HIGH COURT OF JHARKHAND, RANCHI
ANIL KUMAR CHOUDHARY
Sunil Kumar Sharma, son of Bablu Lal Sharma – 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 Cr.P.C. with the prayer to quash the entire criminal proceeding including the order taking cognizance dated 06.12.2022 passed by the learned Judicial Magistrate 1st Class, Jamshedpur in connection with Complaint Case No. 1666 of 2021 whereby and where under, the learned Judicial Magistrate 1st Class, Jamshedpur has taken cognizance of the offence punishable under Section 420 of the Indian Penal Code against the petitioner.
3. The allegation against the petitioner is that the complainant placed an order for supply of face mask worth Rs.11,02,500/- but the petitioner supplied the same showing value of the product to be Rs. 81,000/- only that too not in the name of the complainant. On being approached by the complainant, the petitioner intimated the complainant that even though the goods are not in the name of the complainant but the same was dispatched to the complainant and the transporter also intimated the complainant that the same article is to be handed over to the complainant but the complainant did not receive
For an offence under Section 420 IPC, essential deception must exist from the transaction's inception; mere breach of contract is insufficient to constitute cheating.
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....
The mere breach of contract does not establish a case for criminal offences of cheating or breach of trust without evidence of deception or proper entrustment.
Breach of contract does not constitute cheating unless dishonest intention and deception existed from transaction's inception; civil disputes cannot be criminalized without initial fraud.
A breach of contract does not constitute cheating unless there is initial deception; mere non-payment does not amount to criminal breach of trust.
To constitute offences under Sections 420, 323, and 504 IPC, essential ingredients of intent, injury, or insult must be established at the onset; mere breach of contract or abusive language without t....
The necessity of proving fraudulent or dishonest intention for the offences of criminal breach of trust and cheating, and the distinction between civil and criminal disputes.
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