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SAURABH SHYAM SHAMSHERY
Sanjeev Chaddha – Appellant
Versus
State Of Uttar Pradesh – Respondent
JUDGMENT :
Saurabh Shyam Shamshery, J.
1. Heard Sri Mithilesh Kumar Shukla, learned counsel for applicant and Sri Rajiv Chaddha (complainant in person) and Sri Rakesh Kumar Mishra, learned A.G.A. for State.
2. Applicant has approached this Court to quash a charge-sheet dated 28.01.2019 under Section 406 I.P.C, Police Station-Kidwai Nagar, District-Kanpur Nagar (arising out of Case Crime No.344 of 2017), cognizance as well as summoning order dated 08.02.2019 passed in Criminal Case No. 2330 of 2019, pending before the Court of A.C.M.M, Court No.-7, Kanpur Nagar.
3. Facts of present case are unfortunate, that two real brothers are at loggerheads and their relation became so inimical that after death of their father, they are now entangled in present criminal proceeding. The complainant, an Advocate, has alleged that applicant, his elder brother, has committed offence of criminal breach of trust that he has not returned Rs. 2.20 lakh given to him on different dates for his business, but despite earlier repeated assurance of returning it, he after death of their father, refused to return it.
4. The complainant has also alleged that on basis of an alleged Will, applicant has not only opened
The court found no basis for criminal breach of trust under Section 406 IPC, deeming the case a civil dispute and quashing the charge-sheet due to mala fide initiation.
Mere breach of contract does not constitute cheating under IPC unless there is evidence of dishonest intention from the outset.
Point of law : exercise powers under Section 482 CrPC, the complaint in its entirety shall have to be examined on the basis of the allegation made in the complaint/FIR/charge-sheet and the High Court....
Even if any case has been filed by the complainant/informant before the consumer forum and the same has been dismissed on the ground of alternate remedy, the same could not clothe this case as a civi....
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