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ARUN KUMAR SINGH DESHWAL
Pritam Singh Raghuvanshi – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Swetashwa Agarwal, learned counsel for the applicant and Sri Brijesh Kr. Dwivedi, learned A.G.A. for the State.
2. Present application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceedings arising out of Complaint Case No. 1151 of 2017, M/s Deepak Agro vs. M/s Raghu, under Section 420 IPC, Police Station-Transport Nagar, District-Meerut along with the impugned summoning order dated 01.03.2017 passed by the A.C.J.M. Court No. 8, Meerut.
3. As per the impugned complaint, applicant and opposite party No.2 were having business relationship and during the course of business, opposite party No.2 supplied tractor accessories and other parts on different dates in the year 2006 to the applicant. Bill was also raised. It was further alleged that the applicant instead of making payment had also given cheque dated 25.1.2008 of Rs. 38,628/-, but subsequently, this cheque was bounced when presented before the bank. Thereafter, the applicant kept on assuring for making payment to opposite party No.2, but no payment was made. Finally, a complaint was filed in the year 2017. In support of his complaint, Vishal Gupta, who was manager of opposite p
Point of law: Cheating – private complaint - Court has to examine whether the material on record is sufficient and whether the Magistrate is satisfied with the allegations in the complaint
The ingredients of the offence under Section 420 IPC must be satisfied for a criminal prosecution to be maintainable, even if a civil dispute exists between the parties. The pendency of a case under ....
The court established that criminal proceedings cannot be initiated for mere civil disputes, emphasizing the need for clear evidence of criminal intent.
Point of Law : Allegations made in complaint disclose commission of a cognizable offence and those allegations have found support in statements recorded under Sections 200 and 202 Cr.P.C. on the basi....
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.
Non-payment of dues does not constitute criminal cheating or breach of trust unless fraudulent intent is established from the inception of the transaction.
Point of law : The making of a false representation is one of the essential ingredients to constitute the offence of cheating under Section 420 I.P.C.. In order to bring a case for the offence of che....
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