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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
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, 406, 465, 504 and 506 of the Indian Penal Code.
3. The brief fact of the case is that the petitioners installed a mobile tower on the roof of the house of the complainant in terms of the agreement entered into between them dated 08.08.2009. The petitioners paid the monthly rental amount for installing the said mobile tower as per the said agreement dated 08.08.2009 till July, 2019. It is the undisputed fact that with effect from 8th August, 2021, the agreement has been cancelled by the petitioners in terms of clause-9 of the agreement.
4. Alleging therein that the complainant has been cheated an
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.
A mere breach of contract does not amount to cheating under Section 420 IPC unless there is evidence of dishonest intention from the inception of the transaction.
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