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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
ATC Telecom Infrastructure Private Limited – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. petition to quash summons post-tower agreement cancellation. (Para 1 , 2 , 3 , 4) |
| 2. no prima facie case absent offence ingredients. (Para 5 , 6 , 7 , 8 , 10 , 11 , 12 , 13 , 14) |
| 3. section 288 needs negligent building repair allegation. (Para 15 , 16) |
| 4. section 420 requires initial contract deception. (Para 17 , 18) |
| 5. section 406 demands property entrustment. (Para 19 , 20) |
| 6. section 465 needs false document creation. (Para 21 , 22) |
| 7. sections 504/506 require intent to provoke alarm. (Para 23 , 24) |
| 8. proceedings quashed preventing process abuse. (Para 25 , 26 , 27 , 28 , 29) |
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 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash the entire criminal proceedings in connection with Complaint Case being C/1 Case No. 1587 of 2024 of the court of the learned Judicial Magistrate-1st Class, Jamshedpur including the order dated 12.09. whereby and where under the learned Judicial Magistrate-1st Class, Jamshedpur has found prima facie case for the offences punishable under Sections 288, 420, 4
Proceedings quashed under inherent powers where no prima facie case for IPC offences under Ss.288,420,406,465,504,506 as essential ingredients absent even assuming all allegations true.
A mere breach of contract does not amount to cheating unless there is an intention to deceive from the inception of the agreement; allegations of insult and intimidation must meet specific legal thre....
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....
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....
The necessity of proving fraudulent or dishonest intention for the offences of criminal breach of trust and cheating, and the distinction between civil and criminal disputes.
A criminal complaint based on essentially civil disputes, particularly where no prima facie case exists, can be quashed to prevent abuse of legal processes.
A breach of contract cannot constitute cheating unless there was deception from the inception of the transaction.
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