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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Suresh Prasad Burnwal – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. procedural history of complaint dismissal in property sale dispute. (Para 2 , 3 , 4) |
| 2. civil suit pendency no bar to criminal if prima facie offence. (Para 5 , 6) |
| 3. no 420/406 ipc even assuming advance money received. (Para 7) |
| 4. advance payment not entrustment; breach not cheating. (Para 8 , 9 , 10) |
| 5. no initial dishonest intent or property misappropriation. (Para 11 , 12 , 13) |
| 6. no prima facie offences; quashing petition dismissed. (Para 14 , 15) |
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 and set aside the order dated 14.08.2020 passed by the learned Additional Sessions Judge-II, Jamtara, in Criminal Revision No. 05 of 2020 whereby and where under the learned Additional Sessions Judge-II Jamtara, has affirmed the order dated 18.12.2019 passed by learned Chief Judicial Magistrate, Jamtara in connection with P.C.R. Case No. 282 of 2019. Prayer has also been made to quash and set aside the order dated 18.12.2019 passed by the learned Chief Judicial Magistrate, Jamtara, in connection with
Advance payment under oral sale agreement not entrustment for criminal breach of trust; mere failure to execute sale and selling to third party not cheating absent dishonest intention from inception.
Payment of advance does not imply entrustment necessary for misappropriation under IPC, and cheating requires initial deception, which was lacking in the case.
Not every breach of contract amounts to cheating, and mere retention of property does not constitute dishonest misappropriation. The essential ingredients for criminal offences under the Indian Penal....
A civil dispute arising from breach of contract does not constitute criminal offences of cheating or misappropriation under IPC without initial fraudulent intent.
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....
Criminal proceedings cannot be sustained where allegations do not demonstrate fraudulent intent or dishonest misappropriation from the inception of the transaction.
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