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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Deepak Sarawagi – 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 a prayer to quash the entire criminal proceeding in connection with Complaint Case No. 7773 of 2020 including the order taking cognizance dated 24.02.2023 passed by the Judicial Magistrate 1st Class XXVII, Ranchi whereby and whereunder, learned Judicial Magistrate has taken cognizance of offences punishable under Sections 406 and 420 of the Indian Penal Code, 1860 against the petitioner.
3. The brief facts of the case is that the allegation against the petitioner is that the petitioner was doing business along with the complainant from March 2020 to September 2020. In the month of March 2020, both the parties went to Mumbai, Ahmedabad to visit different manufacturers and distributors for purchasing goods and medical items. Between the period from March 2020 to September 2020, when the goods were supplied to different hospitals and government institutions. In the meanwhile, on 04.06.2020 the petitioner sent a legal notice to the O.P. No.2 demanding outstanding dues of Rs.29,95,
A mere inability to repay a loan does not amount to cheating unless there was deception from the inception of the transaction.
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....
For an offense of cheating under Section 420 IPC, there must be deception at inception; mere breach of contract is insufficient to establish criminal liability.
For an offence under Section 420 IPC, essential deception must exist from the transaction's inception; mere breach of contract is insufficient to constitute cheating.
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.
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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