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JYOTSNA SHARMA
Ravi Shankar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Harish Chandra Mishra, learned counsel for the revisionist and Sri O.P. Mishra, learned AGA for the State.
2. This criminal revision has been filed against the order dated 16.08.2022 passed by the Special Judge, SC/ST Act, Jhansi in Criminal Misc. Case No. 334 of 2022 refusing to order registration of case against the opposite parties on an application moved under Section 156(3) Cr.P.C. by the applicant-Ravi Shankar.
3. This matter is being finally decided without issuing notice to the respondent no. 2.
4. The relevant facts in brief are that the applicant/present revisionist had moved an application under Section 156(3) Cr.P.C. against Ashish Kushwaha and two unknown persons with the allegations that Ashish Kushwaha, married the applicant's wife's sister and became his 'saadu bhai' thus has been able to set up friendly relations with him. He lured the revisionist to enter into partnership with him. The accused made him believe that he has been making huge profits by getting tenders in his favour worth Rs. 2,17,00,000/-. He assured him to earn a good amount of money if he participated in his business venture; the applicant/revisionist could not detect his dishon
The judgment emphasizes that disputes of a civil nature should not be misrepresented as criminal offences and that the abuse of the criminal process should be prevented.
The main legal point established in the judgment is the need to carefully consider the allegations of cheating and fraud, particularly in cases involving multiple parties and complex transactions. Th....
The central legal point established in the judgment is that the concealment of information and fraudulent acts, as defined under Sections 417, 420, 467, 468, 471, 423, and 426 of the IPC, led to the ....
The main legal point established in the judgment is that the court must adhere to the specific mode of action and the statutory provisions in criminal law, including the requirement to condone delay ....
Criminal proceedings cannot supersede pending civil matters; ongoing civil disputes should not be criminalized unless substantial evidence exists.
Execution of sale deeds exceeding a co-sharer’s share does not constitute forgery or cheating, reaffirming that civil disputes should not be criminalized without clear offences being present.
Criminal proceedings cannot proceed where allegations only constitute a civil dispute without intent to cheat.
A mere breach of contract does not constitute an offence of cheating under IPC; deception and fraudulent intention must be proven.
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