Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Amitav Kiran @ Amit Asthana S/o Shri P.N. Asthana – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. case history: allegations of cheating, prior quashing, fresh cognizance, nbw issued. (Para 1 , 2 , 3 , 4 , 5) |
| 2. breach of contract without initial deception not cheating. (Para 6 , 7 , 8 , 9 , 10) |
| 3. absconding, suppression justify continuing criminal proceedings despite civil case. (Para 11) |
| 4. initial deception proven; precedents distinguished; civil dispute no bar; nbw valid. (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 5. no merit; petition dismissed. (Para 18 , 19) |
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
1. 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 21.06.2022 whereby fresh N.B.W. has been directed to be issued against the petitioner without recalling or modifying the earlier order dated 10.12.2019 whereby fresh cognizance of the offence has been taken and without issuing any summons, the learned court below straight way was pleased to direct issuance of N.B.W. against the petitioner and additionally, the petitioner prays for quashing the entire criminal proceedings including the order taking cognizance dated 10.12.20
Quashing under Section 482 CrPC denied where cheating allegations show deception from inception, accused absconding, charge sheet suppressed, and civil recovery co-exists without barring criminal pro....
The court established that serious allegations of criminal breach of trust and conspiracy justify proceeding to trial, and that prior sanction for prosecution is not required for a retired public ser....
The main legal point established in the judgment is the need for a full-fledged trial to examine complex financial transactions and allegations of document manipulation, emphasizing the applicability....
High Court under Section 482 CrPC cannot quash proceedings via mini-trial or evidence appreciation; magistrate cannot alter sections at cognizance on charge sheet, only at charge framing.
The court established that criminal proceedings cannot be initiated for civil disputes, and the absence of fraudulent intent negates charges of cheating and criminal breach of trust.
The court affirmed that without personal wrongdoing or clear involvement in company actions post-resignation, criminal liability cannot be established, and proceedings can be quashed as an abuse of p....
The court affirmed that criminal proceedings cannot be used as leverage in civil disputes, emphasizing the need for proof of dishonest intent and necessary ingredients for offences claimed. Lack of v....
The court affirmed that a party only involved in a civil contract cannot face criminal liability unless it directly transacted or misappropriated funds, supporting the need for a clear distinction be....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
