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IN THE HIGH COURT OF ORISSA AT CUTTACK
CHITTARANJAN DASH
Amita Karia – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2) |
| 2. arguments raised by the petitioners against the complaint (Para 3 , 4 , 5) |
| 3. legal standards for criminal prosecution under section 420 ipc (Para 6 , 7) |
| 4. judicial guidelines on misuse of criminal process and its implications (Para 8 , 10 , 11) |
| 5. court’s conclusion quashing criminal proceedings (Para 9 , 12 , 13) |
JUDGMENT :
Chittaranjan Dash, J.
1. By means of this application, the Petitioners seek to assail the order of cognizance dated 22.07.2016, passed by the learned SDJM, Nayagarh in ICC Case No.129 of 2015 wherein the learned Magistrate took cognizance for the offences punishable under Sections 420 /506/34 of the IPC against the Petitioners along with another.
2. The background facts of the case are that the complainant has two schools in the name of Millennium Academy of Higher Education. One is situated at Village Panikoila under Sadar Police Station, Nayagarh, District-Nayagarh and another situates at Khandapara Road, Nayagarh. It is alleged in the complaint petition that in the month of March 2013, the Petitioners visited the office of the complainant situated at Nayagarh and discussed with the complainant regar
Mere breach of contract does not constitute an offence under criminal law unless fraudulent intention is established from the outset of the transaction.
Non-performance of contractual obligations does not constitute criminal cheating without evidence of fraudulent intent; disputes of civil nature should be resolved through civil remedies.
Criminal proceedings cannot be sustained against employees without specific allegations of dishonest intention; the matter is purely civil in nature.
Criminal proceedings cannot proceed where allegations only constitute a civil dispute without intent to cheat.
The main legal point established in the judgment is the requirement of specific details in a complaint to establish a criminal offence, the need for fraudulent or dishonest intention for the offence ....
Prima facie evidence of cheating under Section 420 of the Indian Penal Code was sufficient for the Trial Court to take cognizance and proceed with the case.
Point of law : In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravity of the off....
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