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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Rajrani Topno – 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, 1973 with the prayer to quash the F.I.R. as well as the entire criminal proceedings of Birsanagar P.S. Case No.89 of 2023 in which charge-sheet has been submitted against the petitioner for having committed the offence punishable under Sections 406, 420, 120B, 34 of the Indian Penal Code and basing upon which the learned Judicial Magistrate-1st Class, Jamshedpur has found prima facie case for the said offences and has taken cognizance of the said offences vide order dated 16.02.2024.
3. Learned counsel for the petitioners submits that charge has not yet been framed in this case and the trial is yet to begin.
4. The allegation against the petitioners is that the petitioners, suppressing the material fact that they are the owners of a land which is governed by the provisions of Chotanagpur Tenancy Act, offered to sell the land to the informant and from the informant received Rs.1,50,000/- in cash and cheques of Rs.6,40,000/- which have not yet been encashed and the validity period of the c
The mere non-execution of a land sale agreement does not constitute criminal misappropriation or cheating; these offences require proof of initial deception or entrustment, rendering the case a civil....
The allegations in the FIR do not constitute an offence under IPC Sections 406 and 420, as they lack essential elements of criminal intent, reflecting a civil dispute instead.
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....
Essential elements for criminal breach of trust include entrustment and dishonest intention; mere breach of contract does not establish criminal culpability.
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....
Payment of advance does not imply entrustment necessary for misappropriation under IPC, and cheating requires initial deception, which was lacking in the case.
Civil disputes can involve criminal elements; thus, the existence of a civil remedy does not automatically justify quashing a criminal FIR.
Continuance of criminal proceedings based on civil disputes, without established fraudulent intent, is an abuse of process of law.
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