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SAURABH SHYAM SHAMSHERY
Prem Chand Verma – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Saurabh Shyam Shamshery, J.
Heard Sri A Kumar Srivastava, learned counsel for applicant, Sri Raj Kumar Singh, learned counsel for opposite party No. 2 and Sri Rakesh Kumar Mishra, learned A.G.A. for State.
2. The applicant is aggrieved by an impugned order dated 10.10.2023 passed by learned Magistrate, under Section 204 Cr.P.C., whereby applicant is being summoned to face trial under Section 420, 406 I.P.C. in a Criminal Complaint Case No. 4623 of 2022, Police Station-Kotwali, District-Ballia. For reference, impugned order in its entirety is reproduced hereinafter :
3. Learned counsel for applicant has submitted that on basis of contents of complaint, statements recorded under Sections 200 and 202 Cr.P.C., offence under Section 420, 406 I.P.C. could not be made out as not only both offences could not run together but their respective ingredients are also not made out.
4. The aforesaid submissions are opposed by learned counsel for opposite party No. 2, that there are sufficient grounds to proceed against the applicant.
5. In order to appreciate rival submissions, I have carefully perused impugned order as well as other material placed on record. The case as put by complainant
Mere breach of contract does not constitute cheating under IPC unless there is evidence of dishonest intention from the outset.
Criminal proceedings should not be initiated for disputes that are fundamentally civil in nature, and the essential ingredients of the alleged offenses must be clearly established for prosecution und....
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.
Non-payment in a commercial transaction does not constitute criminal breach of trust or cheating unless there is evidence of dishonest intention from the inception.
Insufficient evidence of dishonest intent or misappropriation negates criminal charges under Sections 406 and 420 IPC, emphasizing the necessity of proving criminal intent in such transactions.
Sections 406 and 420 of the IPC cannot co-exist in the same transaction; criminal breach of trust and cheating are distinct offences requiring different elements of fraud.
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