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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Budh Vihar Construction Pvt. Ltd. – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
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 with the prayer to quash and set aside the entire criminal proceeding as well as the order dated 27.11.2017 passed by learned Judicial Magistrate-1st Class, Jamshedpur in connection with C1 Case No.2109 of 2016 whereby and where under the learned Judicial Magistrate-1st Class, Jamshedpur has found prima facie case for the offences punishable under Sections 420/406 of the Indian Penal Code against the petitioners.
3. The brief fact of the case is that the deceased husband of the petitioner no.2 namely Anil Kumar Akela and the petitioner no.2 were the directors of the petitioner no.1. The deceased husband of the petitioner no.2-Anil Kumar Akela entered into a development agreement with the two grandfathers of the complainant and paid Rs.4 lakhs as advance at the time of agreement. The two grandfathers of the complainant executed power of attorney in favor of the Anil Kumar Akela in 2008 and on the basis of power of attorney Anil Kumar Akela transferred 1 Bigha of land in favor of the petit
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 civil dispute arising from breach of contract does not constitute criminal offences of cheating or misappropriation under IPC without initial fraudulent intent.
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.
Criminal proceedings cannot be sustained where allegations do not demonstrate fraudulent intent or dishonest misappropriation from the inception of the transaction.
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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