The absence of fraudulent intent at the inception of a transaction negates charges of cheating, and mere breach of contract does not constitute an offence under IPC.

ORDER

Having regard to the similitude in the controversy involved in all these petitions heard analogously learned counsels for the parties assailing impugned order dated 23/08/2023 in Sessions Trial No.535of 2021 (Police Station Kanadiya Vs. Ashok Jain) and this common order will govern all these petitions.

2. By impugned order the application of Accused Ashok Jain (Revisionist in CRR 444 of 2024) has been partially allowed, discharging him qua section 465, 467, 468, 471, 201, 406 of IPC, but declined to discharge for offence under Section 420 IPC, which is triable by Magistrate, and hence transferred the case to the Magistrate Court. State and the Complainant-Rajeev Agnihotri have filed CRR 925 of 2024 and CRR no 5422 of 2023 respectively, against discharge, and the Accused-Ashok Jain has filed CRR 444 of 2024 against declining discharge for offence under Section 420 IPC. (For the sake of brevity, parties have been referred hereinafter as Complainant, Accused and State/ Prosecution.) All three parties (Accused, Complainant and the State) have filed the respective revision petitions.

3. Facts necessary for disposal these petitions in nutshell are that Complainant filed a complaint against Accused, Revisionist in CRR 444 of 2024, Neelesh Jains/o Chandra Prakash Jain and Ankit Jain s/o Ashok Jain for taking action against them for the offences u/s 406,417,420,463,464,467,468 and 471 r/w S. 120-B Indian Penal Code, 1860 (IPC) alleging that all the three persons hatched conspiracy to play fraud upon him for usurping his Lands. Ashok Jain who is in profession of constructing colony and buildings in the name of Pushp Ratn builders with the intent of usurping lands of the Complainant, approached him in year 2008 for raising construction of multi storey building and township on the land of the Complainant situated in village Khajarana area 1.239 hectare(1.34.000 Sq feet)(as per synopsis submitted by Complainant area of lands of the Complainant is 1.876) stating that township will be completed in 2-3 years and it will give him huge profit and on this representation entered into an agreement dated 16/04/2008 with him wherein 63% of the constructed buildings was to be given to him (Complainant)(as per agreement dated 63% was to be given to Accused and 37% was to come in share of the Complainant).

4. Accused further allured him representing that he has got incorporated a shell company in the name and style of Pushp Ratn Reality Pvt Ltd with share capital of Rs 5,00,000/-. If he adopts the company and transfers his lands in the company, he will transfer all the shares in the name of his family and also shares equal to the price of lands in the name of Complainant and thus he will become owner of the company. On this Complainant and the Accused entered into an agreement dated 14/09/2009 and the Complainant transferred his lands value of 2.50 Crores in the name of company without consideration but Accused did not allot any share to the Complainant. The Accused induced him to invest Rs 3,02,16,500 in Socrus Pharmaceuticals Ltd and Socrus Bio Science Ltd companies of the Complainant. As per assurance 50% share capital in the name Accused and his family was not transferred in the name of the Complainant to give him sole ownership on the company.

5. On 26/09/2011, with intent to cheat the Complainant, Accused forging his signatures got prepared a cancellation deed to cancel MOU dated 14/09/2009 for ousting the Complainant and his family from the company and for grabbing his lands and buildings. On this complaint, enquiry was conducted by City superintendent of police Khajarana Distt Indore and report dated 17/02/2021 was submitted wherein finding Accused guilty of alleged offences, recommendation was made for prosecuting the Accused for commission of offences punishable under Section 420, 406, 465, 467, 468, 471 of IPC. First Informat