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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Saloni Salvi, aged about 63 years, Daughter of Late Prasenendu Chandra Pandey – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard the parties.
Learned counsel for the petitioner submits that this interlocutory application has been filed with a prayer for early hearing of the instant Cr.M.P.
Since, the hearing of instant Cr.M.P. is taken up today, hence, this interlocutory application stands disposed of being infructuous.
(Anil Kumar Choudhary, J.
Cr.M.P. No.695 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 arising out of Complaint Case No.319 of 2022 including the order taking cognizance dated 10.02.2025 passed by learned Chief Judicial Magistrate, Pakur whereby and where under the learned Chief Judicial Magistrate, Pakur has found prima facie case for the offences punishable under Sections 420/406 of the Indian Penal Code against the petitioner.
3. The allegation against the petitioner is that the petitioner entered into an agreement for sale with the complainant and received Rs.15,50,000/- as advance but did not return the money nor executed the sale deed.
4. Learned counsel for the petitioner relying
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....
A breach of contract does not constitute cheating unless there is initial deception; mere non-payment does not amount to criminal breach of trust.
Inability to repay a loan does not constitute criminal cheating without evidence of fraudulent intent or deception at the transaction's inception.
A mere breach of contract does not constitute cheating or criminal breach of trust without evidence of initial deceptive intent or dishonest misappropriation.
The court held that mere breach of contract does not constitute a criminal offence of cheating or criminal breach of trust, emphasizing the necessity of fraudulent intent from inception.
Mere loan default does not amount to cheating under IPC unless fraudulent intent is proven from the inception of the transaction.
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