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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Rajesh Ram @ Rajesh Mahto S/o Sri Mahendra Mahto – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
1. Heard the parties.
2. Though, notice has validly been served upon the opposite party no.2, but no one turns up on behalf of the opposite party no.2 in spite of repeated calls.
3. 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 and set aside the entire criminal proceeding arising out of C.P. Case No.09 of 2018 including the order dated 05.09.2018 passed by learned Chief Judicial Magistrate, Khunti whereby and where under the learned Chief Judicial Magistrate, Khunti has taken cognizance for the offences punishable under Sections 420/406/506 of the Indian Penal Code against the petitioner.
4. The brief facts of the case is that the petitioner took Rs.7 lakhs on loan from the complainant but did not repay Rs.1,96,000/- out of the said loan amount and when the complainant demanded the said money, the petitioner threatened him.
5. On the basis of the complaint, statement on solemn affirmation of the complainant and the statement of the enquiry witnesses, the learned Chief Judicial Magistrate, Khunti has found prima facie case for the o
A mere inability to repay a loan does not amount to cheating unless there was deception from the inception of the transaction.
Inability to repay a loan does not constitute criminal cheating without evidence of fraudulent intent or deception at the transaction's inception.
Allegations of misappropriation under IPC Sections 406 and 34 cannot proceed without evidence of entrustment and dishonest intent; mere inability to repay a loan does not constitute criminal breach o....
A loan default does not constitute cheating unless there was fraudulent intention at the inception of the agreement, distinguishing civil disputes from criminal offenses.
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.
Allegations must demonstrate elements of criminal offenses; lack of evidence led to quashing proceedings to prevent abuse of legal process.
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.
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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