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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Sanju Mishra @ Tuntun Mishra @ Sanjay Mishra, aged about 40 years, son of Jagdish Mishra – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 with the prayer to quash the entire criminal proceeding against the petitioner in connection with Sukhdeo Nagar (Pandra O.P.) P.S. Case No.355 of 2019 registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code.
3. The allegation against the petitioner is that the petitioner in several installments took a friendly loan of Rs.13,00,000/- from the informant and the petitioner issued three cheques of Rs.1,00,000/- each and the wife of the petitioner issued one cheque of Rs.10,00,000/- as security against the loan taken but the petitioner did not pay the loan taken by him and the informant upon presenting the cheques issued by the petitioner and his wife for payment, all the cheques were dishonoured because of insufficiency of funds in the account.
4. Learned counsel for the petitioner relies upon the judgment of this Court passed in the case of Vikash Kumar @ Bikash Kumar Vs. The State of Jharkhand & Anr. reported in 2023:JHHC:27680 and submits that in that case, this Court has
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.
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 loan default does not constitute cheating unless there was fraudulent intention at the inception of the agreement, distinguishing civil disputes from criminal offenses.
A breach of contract does not constitute cheating unless there is initial deception; mere non-payment does not amount to criminal breach of trust.
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