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SURESH KUMAR GUPTA
Vijay Bharadwaj – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Suresh Kumar Gupta, J.
On 3.8.2021, this Court has passed the following order:-
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....
(1) Issuance of process – Mere existence of some grounds which would be material in deciding whether accused should be convicted or acquitted does not generally indicate that case must necessarily fa....
Non-payment of dues does not constitute criminal cheating or breach of trust unless fraudulent intent is established from the inception of the transaction.
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.
It is well settled that the power under Section 482 Cr.P.C. should be sparingly invoked with circumspection; it should be exercised to see that the process of law is not abused or misused.
Cognizance of offences under IPC sections requires clear allegations and evidence supporting constituent elements; mere threats or accusations without adequate proof do not suffice for criminal proce....
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.
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