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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Manju Rani Chauhan,J.
Amit Kumar Dubey – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Manju Rani Chauhan, J.
1. Heard Sri Amarnath Tripathi, learned counsel for the applicants, Sri Amit Singh Chauhan, learned A.G.A.-I for the State and Sri Mahesh Dwivedi, learned counsel for O.P. No. 2.
2. The applicants have preferred instant application under Section 482 Cr.P.C. challenging order dated 18.09.2024 passed by Additional District and Sessions Judge, Court No. 14, Varanasi in Criminal Revision No. 105 of 2022, Amit Kumar Dubey and another v. State of U.P. and another order dated 07.01.2022 passed by Special Chief Judicial Magistrate, Varanasi in Criminal Case No. 831 of 2019, Arising out of Case Crime No. 138 of 2019 State of U.P. v. Amit Kumar Dubey and another under Sections 406, 504, 506 IPC , Police Station - Rohaniya, District - Varanasi, whereby applicants’ discharge application dated 04.09.2021 has been rejected.
3. Brief facts of the case are that the informant earns for his livelihood by taking contracts of constructions work. The applicant no. 1 – Amit Kumar asked the informant for construction of his house and the tasks to be carried out during the construction were noted in a quotation prepared for the said purpose, whereupon the applicant no. 1 and
For an offence under Section 406 IPC, there must be entrustment of property and a fiduciary relationship; allegations of criminal breach of trust without these elements do not constitute a valid char....
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....
The main legal point established in the judgment is that the order of discharge of the applicant from the charges under Section 420, 409, 406, 411, and 201 of I.P.C. by the learned Magistrate was fin....
The court determined that mere breaches of contract do not constitute criminal offences without proof of fraudulent intent, emphasizing that civil disputes should not be converted into criminal compl....
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.
Fraudulent intent at the inception of a transaction is essential to establish cheating; mere breach of contract does not constitute a criminal offence.
The mere failure to pay for goods in a commercial transaction does not constitute criminal breach of trust or cheating under IPC without evidence of dishonest intention.
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