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.

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 aside the entire criminal proceeding in connection with Gonda P.S. case no. 98 of 2023 including the order dated 24.06.2024 passed by learned JMFC, XXI, Ranchi whereby and whereunder, the learned Magistrate, has taken cognizance of the offences punishable under Sections 406, 420, 120B of the IPC.

4. The brief fact of the case is that all the three petitioners of CrMP No. 3134 of 2023 are the daughters and the sole petitioner of CrMP no. 3150 of 2023 is the wife of Late Jitendra Kumar Singh and the allegation against them is that during his life time, Jitendra Kumar Singh took Rs. 52 lakhs as advance by entering into an agreement with the informant to construct a multi-storied building in the year 2012 but Jitendra Kumar Singh died in the year 2016 and after his death, his family members, who have been arrayed as accused persons, assured the informant that they will honour the agreement entered into by Late Jitendra Kumar Singh and a fresh agreement was entered into between the informant and the sole petitioner of CrMP No. 3150 of 2023 by the said the sole petitioner further taking Rs. 10 lakhs by deceit and fraudulent means but the petitioners have not made available the said land but got the said land mutated in the name of the sole petitioner of CrMP no. 3150 of 2023. On the basis of the written report submitted by the informant, the police registered Gonda P.S. case no. 98 of 2023 and took up the investigation of the case and after completion of the investigation, the police submitted charge-sheet against the petitioners for having committed the offences punishable under Sections 406, 420, 120B of the IPC and on the basis of the same learned JMFC, XXI, Ranchi has taken cognizance of the offences punishable under Sections 406, 420, 120B of the IPC.

5. It is submitted by the learned senior counsel for the petitioners that the allegations against the petitioners are false and the petitioners are ladies and the petitioners were not party to the Development Agreement entered into by Late Jitendra Kumar Singh with the informant on 06.07.2012. It is next submitted that though the informant entered into a new Development Agreement with the petitioner of CrMP No. 3150 of 2023 on 08.05.2016 to develop a property on the same terms and condition as of the earlier agreement but the opposite party no. 2 - informant failed to complete the project within the stipulated period of 48 months ending on 07.05.2020 as the Opp. Party no. 2- the informant failed to complete the obligation in both the agreements even after 11 years and has not done any development activity. It is further submitted that the Opp. Party no. 2 is pressurizing the petitioners to enter into a new agreement but when the said offer was denied, he has lodged the FIR on fictitious grounds for the purpo