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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Gopi Krishna Chaubey @ Gopi Krishna Chaube, S/o. Gopal Chaubey – 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 482 of the Code of Criminal Procedure with the prayer to quash the order dated 06.01.2020 passed by the learned Judicial Magistrate-1st Class, Dhanbad in C.P. Case No. 2288 of 2019 whereby and where under the learned Judicial Magistrate- 1st Class, Dhanbad has found sufficient materials against the petitioners to proceed against them for having committed the offences punishable under Sections 420/ 34 of the Indian Penal Code.
3. The allegation against the petitioners is that the petitioners in furtherance of their common intention, cheated the complainant by claiming to be the owner of the land of which they, knowing pretty well that they are not the owner, deceived the complainant by posing themselves as the owner of the land, induced the complainant to part with Rs.5,00,000/- to the petitioners and when the complainant went to the land concerned, the real owner of the land displayed the documents of the ownership of the land and when the complainant demanded the documents of the land of the petitioners, who claimed themsel
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....
Cheating under Section 420 IPC requires deception from transaction's inception; later breach insufficient. No offence under Section 406 IPC without entrustment and dishonest misappropriation.
Fraudulent inducement and dishonesty must be established to constitute cheating under IPC; a mere breach of contract does not suffice.
Quashing under Section 482 CrPC not warranted in cheating cases with deception at inception inducing parting with money, confirmed by police charge-sheet; Magistrate cannot alter sections at cognizan....
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....
The absence of fraudulent intention at the inception of a transaction negates the offence of cheating, and civil disputes should not be converted into criminal prosecutions.
To constitute offences under Sections 420, 323, and 504 IPC, essential ingredients of intent, injury, or insult must be established at the onset; mere breach of contract or abusive language without t....
A loan default does not constitute cheating unless there was fraudulent intention at the inception of the agreement, distinguishing civil disputes from criminal offenses.
Quashing under CrPC Section 482 as no prima facie case for IPC Sections 406, 420, 427, 506/34 even if all allegations true, lacking initial deception, entrustment, property mischief, and intimidation....
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