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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Neelima Singh @ Neelima Kumari D/o Late Shri Jitendra Kumar Singh – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. disposal of common criminal petitions. (Para 1 , 2) |
| 2. background of the criminal complaints. (Para 3 , 4) |
| 3. petitioners contest allegations and civil nature of dispute. (Para 5 , 6) |
| 4. opposing counsel maintains sufficiency of evidence. (Para 7) |
| 5. law on criminal breach of contract detailed. (Para 8 , 9 , 10) |
| 6. parties not bound in original agreement. (Para 11 , 12) |
| 7. criminal proceedings deemed abuse of process. (Para 13) |
| 8. criminal proceedings quashed and petitions allowed. (Para 14 , 15) |
JUDGMENT :
ANIL KUMAR CHOUDHARY, J .
1. Heard the parties. No one turns up on behalf of the Opp. Party no. 2 in CrMP No. 3134 of 2023 in spite of repeated calls, though Opp. Party no. 2 in Cr.M.P. no. 3150 of 2023 appeared through a lawyer.
2. Since both these criminal miscellaneous petitions have been filed with the selfsame common prayer and have arisen from the common P.S. case no. being Gonda P.S. case no. 98 of 2023, hence, both these Criminal Miscellaneous Petitions are being disposed of by this common judgment.
3. These Criminal Miscellaneous Petitions have been filed invoking the jurisdiction of this Court under Section 482 of CrPC with the prayer for quashing and setting as
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.
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....
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.
Continuance of criminal proceedings based on civil disputes, without established fraudulent intent, is an abuse of process of law.
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....
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