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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
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 10.12.2019 passed by the learned Judicial Magistrate-1st Class, Deoghar in connection with Sarwan P.S. Case No. 109 of 2009 corresponding to G.R. Case No. 751 of 2009 of the court of the learned Judicial Magistrate-1st Class, Deoghar.
3. The allegation against the petitioner is that the petitioner claiming himself to be the authorised agent of one M/s Kiran Energy Solutions Pvt. Ltd., Dhanbad has cheated and committed criminal breach of trust by taking part of the sanctioned amount fo
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....
Criminal proceedings cannot be initiated for mere breach of contract; allegations must disclose a criminal offence to justify prosecution.
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