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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Purabi De @ P. De – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
Heard the parties.
2. Though notice has validly been served upon the opposite party No.2 yet no one turns up on behalf of the opposite party No.2 in spite of repeated calls.
3. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 with the prayer to quash and set aside the entire criminal proceeding as well as the order dated 16.12.2022 passed in connection with Complaint Case No.6054 of 2019 by learned J.M.F.C, XXIX, Ranchi whereby and whereunder learned J.M.F.C has found prima facie case and has taken cognizance of the offences punishable under Section 420, 120B and 34 of the IPC inter alia against the petitioners.
4. The brief fact of the case is that the of the petitioners have sold the joint family property of the complainant along with the sister of some of the petitioners and the maternal aunt of rest of the petitioner namely Indrani Sen Choudhary - who is the co-accused persons of this case, to the other co-accused person namely Avinash Kumar Singh; even though there has not been any partition of the said property sold; by metes and bounds.
5. Learne
Sale of undivided joint property share by co-sharers without dishonest intention at inception does not constitute cheating; third-party complainant lacks standing absent purchaser grievance; proceedi....
Criminal prosecution for breach of contract requires evidence of fraudulent intent from the inception; mere allegations of non-fulfillment do not suffice to establish offences under IPC sections rela....
Under Section 482 CrPC, High Court cannot quash cheating proceedings via mini-trial or on defence pleas; deception from inception essential, oral evidence suffices for payment proof, civil caution in....
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....
The court determined that allegations against the petitioners were devoid of any criminal basis, equating the matter to a civil dispute, thus quashing the criminal proceedings.
A mere breach of contract does not amount to cheating under Section 420 IPC unless there is evidence of dishonest intention from the inception of the transaction.
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