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IN THE HIGH COURT OF ORISSA AT CUTTACK
CHITTARANJAN DASH
Nabrun Patnaik – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. factual background of the case provided. (Para 2 , 3) |
| 2. arguments on jurisdiction and nature of dispute. (Para 4) |
| 3. court's analysis on criminal liability and disputes. (Para 6 , 7 , 8 , 9 , 10) |
| 4. ratio decidendi regarding abuse of process. (Para 11) |
| 5. conclusion quashing the earlier order. (Para 12) |
JUDGMENT :
Chittaranjan Dash, J.
1. Heard learned counsels for both the Parties.
2. By means of this application the Petitioner seeks to quash the order dated 09.03.2015 passed by the learned S.D.J.M., Bhubaneswar in 1CC No.3797 of 2014.
3. The background facts of the case are that both the Petitioner and the Opposite Party No.2 engaged in a business tie up pursuant to a written agreement with several terms and conditions binding upon both the Parties. It is alleged that the Petitioner, being the Managing Director of M/s. Orex Minerals Ltd. entered into an agreement with M/s. Minex India, of which the Opp. Party is a Managing Partner, for supply of 7,800 Metric ton of iron ore fines for export purpose on 05.12.2011. In order to secure the goods, the Petitioner had given two security cheques of Rs.1,21,68,000/- and Rs.82,37,450/-. The Petitioner supplied the aforesaid mate
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.
Mere non-payment for goods in a civil transaction cannot constitute cheating or criminal breach of trust under IPC; intent must be proven.
The absence of established intention to cheat from the beginning and the need to make the company a party in cases where a wrong has been done by the company are crucial legal principles established ....
The main legal point established in the judgment is the need for dishonest intention and fraudulent inducement in establishing the offences of cheating and criminal breach of trust. The judgment also....
A mere breach of contract does not constitute cheating under criminal law without evidence of fraudulent intent at the time of the contract's formation.
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.
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