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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Satish Ramswaroop Panchariya @ Satish Ramswarup Panchariya @ Satish Panchariya – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the BNSS, 2023 with the prayer to quash and set aside the entire criminal proceeding arising out of Garhwa Nagar P.S. Case No.76 of 2026 registered for the offences punishable under Sections 316(5), 318(4) & 308(3) of the BNS, 2023.
3. The brief fact of the case is that the informant entered into an agreement with the company in the name and style of K Sera Sera Box Office Pvt. Ltd. on 17.08.2023 represented by its authorized signatory for purchasing articles from the said company for running a cinema hall. The petitioner transferred Rs.28,30,000/- to the account of the said company and it was assured that the said company will provide a license for starting the cinema hall but the articles as per list was not supplied by the company of the petitioner and the company did not return the money rather threatened the informant of dire consequences, if he demands back the money.
4. On the basis of the written report submitted by the informant, the police registered Garhwa Nagar P.S. Case No.76 of 2026 and took up investigat
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....
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 main legal point established in the judgment is that every breach of contract does not give rise to an offence of cheating, and the intention to cheat must be present at the very inception. The j....
The court affirmed that a party only involved in a civil contract cannot face criminal liability unless it directly transacted or misappropriated funds, supporting the need for a clear distinction be....
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.
Allegations of non-payment do not constitute criminal offences unless there's evidence of dishonest intention or property entrustment.
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