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DEEPAK GUPTA
Sanjay – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Deepak Gupta, J.
This order shall dispose of two petitions titled above, both filed under Section 482 Cr.PC, involving similar facts; and amongst same parties.
2.1 In CRM-M-45835-2022, petitioners pray to quash FIR No.33 dated 10.02.2020 under Sections 420, & 406 IPC, registered at Police Station Rohtak Civil Lines, District Rohtak; and the report under Section 173 Cr.P.C. filed under Sections 406, 420, 120B/34 of IPC alongwith all the subsequent proceedings arising therefrom.
2.2 In CRM-M-55249-2022, prayer is to quash FIR No.267 dated 28.8.2019 under Sections 420, & 406 IPC, registered at Police Station Rohtak Civil Lines, District Rohtak; and the report under Section 173 Cr.P.C. filed under Sections 406, 420, 120B/34 of IPC alongwith all the subsequent proceedings arising therefrom.
2.3 Petitioner Sanjay is in transport business. He alongwith his wife Sunil Kumari runs a transport company in the name of Jaishree Salasar Transport Pvt. Ltd. Petitioner Chander Singh is the father and petitioner Satish Kumar is the brother of Sanjay.
3.1 Facts are being noticed from CRM-M-45835-2022. It is contended that in order to expand the business of the firm, petitioner Sanjay, in
In hypothecation, ownership remains with the debtor; thus, criminal breach of trust is not established unless property is entrusted. Cheating requires fraudulent intent at the time of inducement, whi....
Court quashed FIR as allegations did not establish criminal breach of trust or cheating; petitioner acted within contractual duties.
The court reiterated that criminal proceedings should not be initiated when the allegations are purely civil in nature and there is no entrustment of property or dishonest intention on the part of th....
A breach of contract does not constitute cheating unless fraudulent intent is proven at the outset of the agreement, as established in relevant legal precedents.
A mere breach of a promise, agreement, or contract does not, ipso facto, constitute the offence of criminal breach of trust contained in Section 405 IPC without there being a clear case of entrustmen....
The court affirmed that criminal proceedings cannot be used as leverage in civil disputes, emphasizing the need for proof of dishonest intent and necessary ingredients for offences claimed. Lack of v....
The court reiterated the principles for quashing criminal proceedings at the threshold, emphasizing the distinction between civil and criminal wrongs. It held that criminal proceedings should not be ....
The court established that inadequate notice to a complainant in criminal proceedings constitutes an abuse of process, and emphasized the distinction between civil and criminal disputes.
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