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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Ajay Mahtha @ Ajay Kumar Mahatha – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. petition to quash 406/420 proceedings in land advance dispute. (Para 1 , 2 , 3) |
| 2. breach of contract not cheating without initial dishonest intent. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. allegations disclose 406 and 420 ipc offences. (Para 11) |
| 4. no 420 ipc without deception from transaction inception. (Para 12 , 13) |
| 5. 406 ipc requires entrustment plus dishonest misappropriation. (Para 15 , 16) |
| 6. investigation prolonged without charge-sheet submission. (Para 17) |
| 7. quash proceedings as abuse of legal process. (Para 18 , 19 , 20) |
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 the entire criminal proceeding arising out of Chas P.S. Case No.373 of 2022 registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code, pending in the Court of learned S.D.J.M., Bokaro.
3. It is submitted by the learned counsel for the petitioner that the investigation of this case is still going and the charge-sheet has not yet been submitted. It is next submitted that the allegations against
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....
Payment of advance does not imply entrustment necessary for misappropriation under IPC, and cheating requires initial deception, which was lacking in the case.
A breach of contract does not constitute cheating unless there is initial deception; mere non-payment does not amount to criminal breach of trust.
Inability to repay a loan does not constitute criminal cheating without evidence of fraudulent intent or deception at the transaction's inception.
No offence under Sections 406/420 IPC without deception at transaction inception or entrustment with dishonest misappropriation; business account disputes civil, not criminal; proceedings quashed und....
A mere inability to repay a loan does not amount to cheating unless there was deception from the inception of the transaction.
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