The single judge dismissed the criminal revision petition challenging the dismissal of a complaint. The court held that the allegations of non-return of money lacked criminality and did not disclose any intention to cheat.
The criminal revision petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 247 of 2019
Dimple Lamay ….. Petitioner(s). -V e r s u s- The State of Jharkhand & Anr. ….. Opp Party(s).
CORAM: HON'BLE MR. JUSTICE ANANDA SEN
For the Petitioner : Mr. R.C.P.Sah, Advocate For the State : A.P.P 3/06.12.2019 Heard learned counsel for the parties.
Learned counsel for the petitioner submits that a
complaint filed by this petitioner before the court below was rejected on the ground that the entire allegation does not constitute a criminal offence. He submits that the amount has been paid by this petitioner to the opposite party no.2 which is an admitted fact and the opposite party has not returned the said amount with a malafide intention.
After hearing learned counsel for the petitioner and after going through the record, I find that the petitioner has filed a criminal complaint alleging that she has given Rs.70,000/- to the O.P. No.2 and an agreement was also entered into but O.P. No.2 had not returned the said amount. The allegations made therein does not contain any criminality. Further in the entire complaint nothing has been whispered as to whether there was any intention since inception to cheat O.P. No.2. The Magistrate after considering all these points has dismissed the complaint.
I find no illegality in the said order, as no criminal offence
is made out. This application is thus dismissed.
(Ananda Sen, J.)
Amardeep/cp3
2 issues framed by the court
Whether the allegations made in the criminal complaint constitute a criminal offence of cheating.
Whether there is any evidence of malafide intention at inception to cheat the opposite party.
Dimple Lamay
The State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
