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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Archana Rani, wife of Bhushan Kumar – 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 Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash the entire criminal proceeding including the order dated 20.03.2024 passed by the learned Chief Judicial Magistrate, Jamshedpur in connection with Complaint Case No. 3569 of 2022 whereby and where under, the learned Chief Judicial Magistrate, Jamshedpur has taken cognizance of the offences punishable under Sections 406 and 420 of Indian Penal Code.
3. Though notice has validly been served upon the opposite party no.2 yet no one turns up on behalf of the opposite party no.2 in-spite of repeated calls.
4. The allegation against the petitioners is that the petitioners are owners of certain land and they have entered into a development agreement with the company of the complainant. As per the terms of the development agreement, a general power of attorney was executed. The complainant invested crores of rupees in the said project but in violation of the terms and condition of the development agreement, the petitioners have revoked the power of attorney.
5.
To constitute cheating or criminal breach of trust, there must be deceit at inception or dishonest misappropriation; mere breach of contract without such elements does not attract IPC provisions.
A civil dispute arising from breach of contract does not constitute criminal offences of cheating or misappropriation under IPC without initial fraudulent intent.
A breach of contract does not constitute cheating unless there is initial deception; mere non-payment does not amount to criminal breach of trust.
The mere breach of contract does not establish a case for criminal offences of cheating or breach of trust without evidence of deception or proper entrustment.
Mere loan default does not amount to cheating under IPC unless fraudulent intent is proven from the inception of the transaction.
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....
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