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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Mode Reails Sale and Marketing Private Limited – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Anil Kumar Choudhary, J.
Cr.M.P. No.2094 of 2025 By the Court:- Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the B.N.S.S., 2023 with the prayer to quash and set aside the entire criminal proceeding including the order dated 12.12.2023 passed by learned Judicial Magistrate-1st Class-III, Ranchi in connection with Complaint Case No.10505 of 2022 whereby and where under the learned Judicial Magistrate-1st Class-III, Ranchi has found prima facie case for the offences punishable under Sections 420/406/120B of the Indian Penal Code against the petitioners.
3. The brief fact of the case is that the complainant was appointed as CNF Agent of the petitioner no.1 Company and paid security deposit of Rs.15 lakhs. As part of the agreement, the complainant also arranged a godown on the assurance that, they will be paid Rs.45,000/- per month, Rs.2,000/- towards electricity bill, Rs.500/- towards internet expenses and Rs.20,000/- payment to be made to the accountant and assured to be paid commission. It is further alleged by the complainant that though the petitioners paid the due amount payable to the
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.
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 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....
Mere loan default does not amount to cheating under IPC unless fraudulent intent is proven from the inception of the transaction.
Intention to cheat must be established from the inception of the transaction; absence of mens rea negates the offence under Section 420 IPC.
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.
Fraudulent intent at the inception of a transaction is essential to establish cheating; mere breach of contract does not constitute a criminal offence.
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