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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Rajendra Prasad Gupta @ Rajendra Pd. Gupta – 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 Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash and set aside the F.I.R. including the entire criminal proceedings of Chas P.S. Case No.192 of 2024 registered for the offence punishable under Sections 316 (2) and 318 (4) of the Bharatiya Nyaya Sanhita, pending in the court of learned Chief Judicial Magistrate, Bokaro.
3. The allegation against the petitioner is that the petitioner representing Sri Krishna Sales, approached the informant for the business of electronics goods. The business between the petitioner and the informant continued from 19.02.2022 to 13.06.2023 but thereafter the petitioner slowed down the payments and on 28.08.2023, a sum of Rs.4,25,336/- was due and payable by the petitioner to the informant but the same was not paid. On the basis of the written-report of the informant, police registered Chas P.S. Case No.192 of 2024 and took up the investigation of the case.
4. Learned counsel for the petitioner submits that the investigation of the case is still going on and police has n
Essential elements for criminal breach of trust include entrustment and dishonest intention; mere breach of contract does not establish criminal culpability.
The court held that mere breach of contract does not constitute a criminal offence of cheating or criminal breach of trust, emphasizing the necessity of fraudulent intent from inception.
A breach of contract does not constitute cheating unless there is initial deception; mere non-payment does not amount to criminal breach of trust.
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.
The mere failure to pay for goods in a commercial transaction does not constitute criminal breach of trust or cheating under IPC without evidence of dishonest intention.
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....
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